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NY K81384




December 11, 2003

CLA-2-62:RR:NC:N3:360 K81384

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman's pajama bottom from Hong Kong

Dear Ms. Greener:

In your letter dated November 21, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Item number #057-0437 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and capri length hemmed legs.

You have indicated that this garment is part of a “mix and match” sleepwear group. Based upon the appearance of the garment and the merchandising information you have provided, the garment is considered sleepwear.

The applicable subheading for item #057-0437 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem. Effective January 1, 2004, the rate of duty will be 11.2 percent ad valorem.

Item #057-0437 falls within textile category designation 352. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints and the requirement of a visa.

In your letter you made reference to knitted sleepwear tops. You have stated that this garment will not be sold as a set. However, 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.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

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

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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