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NY K84064




April 2, 2004
CLA-2-62:RR:NC:N3:360 K84064

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000, 6208.92.0010

Laura Siegel Rabinowitz
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of women’s three-piece pajama sets from China

Dear Ms. Rabinowitz:

In your letter dated March 10, 2004, on behalf of Carole Hochman Designs, Inc., you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 112415 is a women’s sleepwear set constructed from 100 percent polyester fabric. The set is composed of a tank top, a pajama bottom, and a cardigan styled upper body garment. You have indicated that this style will be imported and sold at retail as a set.

The camisole styled pajama top features a V-shaped front neckline, ¼ inch adjustable shoulder straps and a hemmed bottom. The front of the camisole is finished with lace trim and a bow. The pajama bottoms are pull-on pants with an elasticized waistband and hemmed leg openings. The bed jacket has a full front opening with four-button closure; a v-neckline; long hemmed sleeves; and a plain, hemmed bottom. The neckline, front opening and sleeves are finished with a lace trim.

Based on their appearance, and the information you have provided, we agree with your assertion that the garments are classified in heading 6208, HTS. However, you have recommended classification for all three garments as pajamas under 6208.22.0000, HTS. It is Customs position based on prior rulings (see HQ 956505 of 10/12/1994) that pajamas consist of one pajama top and one pajama bottom. The tank styled top and the pajama bottoms are considered sleepwear. Since pajamas consist of two pieces, the cardigan-like top, although still considered an intimate garment, cannot be classified as a part of a pajama set with the other two garments. As it is similar to a bed jacket, it will be classified separately as a robe.

The applicable subheading for the pajamas will be 6208.22.0000, 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: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the bed jackets will be 6208.92.0010, 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 man-made fibers: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 16 percent ad valorem.

The pajamas fall within textile category designation 651 and the bed jacket under textile category designation 650. Based upon international textile trade agreements category 651 from China is 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 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. 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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