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NY K81638




December 12, 2003
CLA-2-61:RR:NC:WA:361 NY K81638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Karen Whatmough
MJC
2725 Oakdale Avenue
San Francisco, CA 94124

RE: The tariff classification of unisex pajama pants from China.

Dear Ms. Whatmough:

You have requested a classification ruling for a garment that described as unisex pajama pants.

Style 266737 is a pajama bottom (pants) constructed from 100 percent cotton knit fabric. The pants have an elasticized waistband with a drawstring, an open fly, side seam pockets, and hemmed leg openings.

You have referred to the garment as “unisex” and indicated that it will be sold to both men and women. Chapter 61, note 9 states,:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

Based on the sample and the information provided, the garment cannot be identified as either a men’s or a women’s garment. The garment will, therefore, be classified under the heading for women’s garments.

You have indicated that the pajama pants will be sold in a catalogue in a sleepwear group. Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for style 266737 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6% ad valorem. Effective January 1, 2004, the rate of duty will be 8.5% ad valorem

Style 266737 falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from China is not, at present, subject to visa requirements and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

In your letter you made reference to knitted sleepwear bottoms. You have not indicated if the bottoms will be imported separately or if you intend to import these garments with matching sleep tops. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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