United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M85789 - NY M85832 > NY M85816

Previous Ruling Next Ruling
NY M85816




August 18, 2006

CLA-2-61:RR:NC:WA:361 NY M85816

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.99.2000

Ms. Daniela Caliari, Customs Compliance Specialist Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of women’s knit sleepwear from China.

Dear Ms. Caliari:

In your letter dated August 9, 2006, you requested a classification ruling for women’s knit sleepwear. The sample will be returned, as requested.

Style 29141 is a woman’s maternity pajama bottom constructed from 100 percent cashmere knit fabric. The pajama pants have an elasticized waistband and hemmed legs.

Based on the appearance of the garments themselves, as well as the supporting marketing information, the garments are considered sleepwear, and classified in heading 6108.

The applicable subheading for style 29141 will be 6108.99.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...pajamas and similar articles, knitted or crocheted: of wool or fine animal hair. The rate of duty will be 8.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 29141 falls within textile category designation 459. 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.

As noted above, the submitted garment is classified as sleepwear. You have not indicated if the pajama bottom will be imported with matching tops in the same shipments. 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,

Previous Ruling Next Ruling

See also: