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NY K84732




April 28, 2004

CLA-2-62:RR:NC:WA:360 NY K84732

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Jeannine Greener
Import Specialist
Eddie Bauer
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Ms. Greener:

In your letter dated April 2, 2004, you requested a classification ruling for two women’s pajama separates. The items will be returned as requested.

Style 045-1812 (regular size) is a women’s woven pajama top constructed from 100 percent cotton yarn dyed flannel fabric. The pajama top has a shirt collar, long sleeves with hemmed cuffs, a full front opening with a seven-button closure, a breast pocket, and two-inch side slits at both sides. The collar, pocket and sleeves are finished with a crochet trim. The garment will also be imported under style numbers 045-1813 (petite size), 045-1814 (tall size) and 045-1815 (plus size).

Style 045-1780 (regular size) is a women’s pajama bottom (pants) constructed from 100 percent cotton woven flannel fabric. The pajama pants have an elasticized waistband with a satin ribbon drawstring, a small coin pocket on the left side and a hemmed bottom. The pocket and bottom of each leg are finished with a satin trim. The garment will also be imported under style numbers 045-1781 (petite size), 045-1782 (tall size) and 045-1783 (plus size).

You have referred to the garments as sleepwear separates. Based on appearance, as well as the supporting marketing information provided, the garments will be classified as sleepwear in heading 6208, HTS.

The applicable subheading for style 045-1812 (as well as styles 045-1813, 045-1814 and 045-1815 representing other sizes) and style 045-1780 (as well as styles 045-1781, 045-1782 and 045-1783 representing other sizes) will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’pajamasand similar articles, other: Of cotton: other. The duty rate will be 11.2% ad valorem.

Styles 045-1812 (as well as styles 045-1813, 045-1814 and 045-1815 representing other sizes) and 045-1780 (as well as styles 045-1781, 045-1782 and 045-1783 representing other sizes) fall within textile category designation 352. Based upon international textile trade agreements products of Malaysia 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 sleepwear separates and that they are part of a mix and match strategy with knit separates. You have not indicated if matching sleepwear tops and bottoms will be imported in the same shipment. 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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