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NY K88814




September 21, 2004

CLA-2-61:RR:NC:WA:361 NY K88814

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a pair of women’s knit sleepwear shorts from Turkey.

Dear Mr. Nagel:

In your letter dated August 17, 2004, you requested a classification ruling for a woman’s sleepwear bottom (shorts). The item will be returned as requested.

The submitted garment, style HN7V, is a woman’s sleepwear bottom (shorts) constructed from 60 percent cotton, 40 percent polyester knit fabric. The pull-on shorts have an 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.

The applicable subheading for the pajama bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spajamasand similar articles, knitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

The pajama bottoms fall within textile category designation 350. Based upon international textile trade agreements, this category from Turkey is neither subject to quota nor to 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 item as a sleepwear short. You have not indicated if matching tops will also be imported, and whether they will be imported separately. 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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