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NY M86985




October 12, 2006

CLA-2-61:RR:NC:WA:361 NY M86985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Clara Zhang
CDL USA, Inc.
1328 Broadway, Suite 518
New York, NY 10001

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

Dear Ms. Zhang:

In your letter dated October 2, 2006, you requested a classification ruling for women’s knit sleepwear. You have submitted samples of the garments you’re your request.

Style 6309 is consists of two garments, a pullover and a tank top, both made from 60 percent cotton, 40 percent polyester rib knit fabric. The pullover has a rounded, capped neckline, long sleeves, and a plain, hemmed bottom. The tank top has a U shaped neckline in front and back, capped neckline and armholes, and a plain, hemmed bottom.

Although you have indicated that the garments will be sold together (the tank top as a “free gift” with the pullover) they will be classified as two separate garments as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTSUS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

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 both garments of style 6309 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...pajamas and similar articles, knitted or crocheted: of cotton. 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/.

Both garments of style 6309 fall within textile category designation 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

As noted above, the submitted garments are classified as sleepwear. You have not indicated if the pajama tops will be imported with matching bottoms 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,

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