The classification of a woman’s pajama top from Pakistan.

NY G88516 April 11, 2001 CLA-2-61:RR:NC:WA:361 G88516 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Mr. Paul Racano Senior Manager-Import Logistics Newport News, Inc. 711 Third Avenue New York, NY 10017 RE: The classification of a woman’s pajama top from Pakistan. Dear Mr. Racano: In your letter dated March 15, 2001, you requested a classification ruling for a woman’s pajama top. The sample is being returned, as you requested. Style F01-06-012 is constructed from 100% cotton lightweight knit fabric. The pullover pajama top has a rounded neckline; long sleeves; and a ruffled bottom. You have indicated that this garment will be sold as part of a mix and match grouping of sleepwear in your catalogues, therefore, based on the appearance, as well as the marketing, the garment will be classified as sleepwear in heading 6108. If style F01-06-012 is imported with equal numbers of matching pajama bottoms in the same shipment, the tops and bottoms are considered pajamas. The applicable subheading for the pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…pajamas…knitted or crocheted: of cotton. The rate of duty will be 8.6 percent ad valorem. If style F01-06-012 is imported separately, the applicable subheading for the pajama tops will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…pajamas…and similar articles, knitted or crocheted: of cotton. The rate of duty will be 8.6 percent ad valorem. If style F01-06-012 is imported with equal numbers of matching pajama bottoms in the same shipment, the tops and bottoms are considered pajamas and fall within textile category designation 351; if style F01-06-012 is imported separately, it falls within textile category designation 350. Based upon international textile trade agreements products of Pakistan are subject to quota and 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. 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 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division