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NY K86121




June 4, 2004
CLA-2-61:RR:NC:WA:361 NY K86121

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030; 6108.92.0030

Mr. John Ellefson
Bluestar Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of two women’s pajama bottoms from various countries.

Dear Mr. Ellefson:

In your letter dated May 11, 2004, on behalf of your client American Eagle Outfitters, Inc., you requested a classification ruling for two women’s pajama bottoms.

The submitted samples are described as follows:

Style #6251 - a woman pajama bottom (pants) constructed from 100% cotton thermal knit fabric. The garment features an elasticized waistband, and rib knit cuffs. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

Style #6258 - a woman’s pajama bottom (pants) constructed from 100% polyester fleece knit fabric. The garment features a wide elasticized waistband with a drawstring, and hemmed leg openings. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for the pajama bottom (pants), Style 6251 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit bathrobes and similar articles, knitted and crocheted, of cotton, other women’s. The rate of duty will be 8.5% ad valorem.

The applicable subheading for the pajama bottom (pants), Style 6258, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of man-made fibers, other, women's. The rate of duty will be 16% ad valorem.

The pajama bottoms (pants), Style 6251 fall within textile category designation 350. The pajama bottoms (pants), Style 6258 fall within textile category designation 650. 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.

In your letter you referred to the submitted garments as pajama bottoms. You have not indicated if the bottoms will be imported separately or if you intend to import the garment in matching sleep tops. 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,
National Commodity

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