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NY K83900




March 16, 2004
CLA-2-61:RR:NC:WA:361 NY K83900

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Anthony LoPresti
Vice President, Imports/Compliance
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women’s pajama separates from China.

Dear Mr. LoPresti:

In your letter dated January 9, 2004, with additional information provided on March 4, 2004, you requested a classification ruling for women’s garments. The samples will be returned, as requested.

The submitted garments are women’s sleepwear separates that will be constructed from either 55 percent cotton, 45 percent polyester, or from 100 percent cotton, lightweight knit fabric. The garments are described as follows:

T001 - a short sleeve pullover with a v-neckline, and a hemmed bottom. T002 - a long sleeve pullover with a rib knit crew neckline, a partial placket opening with snap closures, and a plain, hemmed bottom. T003 - a sleeveless tank styled pullover with a plain, hemmed bottom. B100 - ankle length pajama bottoms with an elasticized and drawstring waistband and hemmed leg openings. B075 - Capri length pajama bottoms with an elasticized and drawstring waistband and hemmed leg openings.

Based on the appearance of the garments themselves, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

The applicable subheading for each of the above listed styles will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamasand similar articles: Of cotton. The rate of duty will be 8.5% ad valorem.

Each style falls within textile category designation 350. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 referred to the submitted garments as sleep separate pants and sleep separate tops, but have not indicated whether matching garments will be imported in the same shipment. The above classification is for garments imported in separate shipments. 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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