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NY K85221




May 25, 2004
CLA-2-61:RR:NC:WA:361 NY K85221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030; 6108.92.0030

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 China and Hong Kong - correction to ruling K84733.

Dear Ms. Greener:

This letter is being issued to correct an error in NY Ruling K84733. The original request provided an incorrect style number for one of the submitted items. This has been corrected below.

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

Style 045-1788 (regular size) is a woman’s pajama top constructed from 92 percent polyester, eight-percent spandex fleece knit fabric. The pajama top has a v-shaped neckline, a partial front opening with a three-button closure, long sleeves, and two-inch side slits at both sides. The neckline, placket, sleeves and bottom are finished with a satin trim. The garment will also be imported under style numbers 045-1789 (petite size), 045-1790 (tall size) and 045-1791 (plus size).

Style 045-1796 (regular size) is a woman’s pajama bottom (pants) constructed from 92 percent polyester, eight-percent spandex fleece knit fabric. The pajama pants have an elasticized waistband with a satin ribbon drawstring, side seam pockets on both sides, and one-inch side slits at the bottom of each pant leg. The pockets and bottom of each leg are finished with a satin trim. The garment will also be imported under style numbers 045-1797 (petite size), 045-1798 (tall size) and 045-1799 (plus size).

Style 045-1806 is a woman’s pajama top constructed from 100 percent cotton knit fabric. The pajama top has a v-shaped neckline, a partial front opening with a two-button closure, and long sleeves. The neckline is trimmed with a decorative openwork strip; the sleeves and bottom are finished with an overlock “lettuce” edge.

You have referred to the garments as a sleepwear separates. Based on appearance, as well as the supporting marketing information provided, the garments will be classified as sleepwear in heading 6108.

The applicable subheading for style 045-1806 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articlesknitted or crocheted: Of cotton: other. The duty rate will be 8.5% ad valorem.

The applicable subheading for style 045-1788 (as well as styles 045-1789, 045-1790 and 045-1791 representing other sizes) and style 045-1796 (as well as styles 045-1797, 045-1798 and 045-1799 representing other sizes) will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articlesknitted or crocheted: Of man-made fibers: other. The duty rate will be 16% ad valorem.

Style 045-1806 falls within textile category designation 350; style 045-1788 (as well as styles 045-1789, 045-1790 and 045-1791 representing other sizes) and style 045-1796 (as well as styles 045-1797, 045-1798 and 045-1799 representing other sizes) falls within textile category designation 650. Based upon international textile trade agreements these categories from Hong Kong are not subject to quota, nor to the requirement of a visa. However, these categories from 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 a sleepwear separate. You have not indicated if matching sleepwear tops and bottoms will be imported on 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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