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NY L85304




June 28, 2005

CLA-2-62:RR:NC:N3:360 L85304

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Lisa Girvin
Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of women’s woven pajama separates from Sri Lanka and Indonesia

Dear Ms. Girvin:

In your letter dated May 27, 2005, you requested a classification ruling. The submitted samples will be returned as requested.

Design 24500399 is a women’s pull-on pajama bottom constructed from 100 percent cotton woven fabric. The shorts feature an elasticized waistband with a satin ribbon drawstring, hemmed leg openings and accent piping at the bottom hem. The garment will be imported under style number 045-1668 (regular), 045-1669 (petite) 045-1670 (tall) and 045-1671 (plus).

Design 24500387 is a women’s pull-on pajama pant constructed from 100 percent cotton woven fabric. The garment features an elasticized waistband with a drawstring, hemmed leg openings, a rear pocket and accent piping at the bottom hem and on the pocket. The garment will be imported under style number 045-1612 (regular), 045-1613 (petite) 045-1614 (tall) and 045-1615 (plus).

Based on the appearance of these garments and the manner in which they will be marketed and sold, they are considered sleepwear of heading 6208.

Design 24500399 is a women’s pull-on pajama pant constructed from 100 percent cotton corduroy printed fabric. The garment features an elasticized waistband with a drawstring; a functional, three-button fly and hemmed leg openings. The garment will be imported under style number 045-1708 (regular), 045-1709 (petite) and 045-1710 (tall).

Design 24500390 is a women’s pull-on pajama pant constructed from 100 percent cotton corduroy woven fabric. The garment features an elasticized waistband with a drawstring; a functional, three-button fly and hemmed leg openings. The garment will be imported under style number 045-1676 (regular), 045-1677(petite), 045-1678 (tall) and 045-1679 (plus). A sample of this garment was not submitted.

Although you have stated that these garments will also be sold separately as part of a mix and match marketing strategy with matching knit tops, we cannot give classification advice for designs 24500399 and 24500390, until we receive additional information.

In HQ ruling 960797, dated February 19, 1998, Customs reviewed a top and bottom made from 100% cotton corduroy woven fabric which were stated to be advertised as sleepwear. HQ concluded that when presented with a garment which is considered somewhat ambiguous and not clearly recognizable as sleepwear, Customs will consider other factors such as environment of sale, advertising and marketing. After the catalog pages were submitted and reviewed by Headquarters, it was determined that the principal use of the garments was for lounging and excluded from classification under heading 6208, HTS. You may wish to review the analysis provided in ruling 960797 which is available on the “Legal” page of our website at www.cbp.gov.

In this case, the corduroy pants could also be considered a multi-purpose or loungewear item requiring additional information: How will these garments be marketed?
Are there any sketches or booklets used during the process of buying this merchandise line? If so, please provide copies. How will the garments be displayed to the consumer at retail? What in-store advertising or signs will be placed in proximity to the garments? Provide copies of any labels that will be sewn into or tacked onto the garments, especially any that indicate how the garment is intended to be used. Provide any advertising or advertising mock ups that will be used for this garment. Will the garment be sold in a catalogue?
If yes, please provide a copy of the entire catalogue in which this garment will be sold. If nothing is available

If you wish to obtain classification advise on these styles, please resubmit all the information you have already submitted along with the new information requested above, and the sample of the styles to our office.

The applicable subheading for the cotton flannel pajama bottoms (designs 24500399 and 24500387) will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamasand similar articles, other: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.1 percent ad valorem.

The cotton flannel pajama bottoms (designs 24500399 and 24500387) fall within textile category designation 352. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The submitted separates are of identical fabric, color and composition. You have indicated that the garments will not be sold as a set and will be part of a mix and match collection. However, you have not indicated if the matching knit pajama tops 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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