The tariff classification of women’s pajama separates from India.

NY I87590 November 25, 2002 CLA-2-61:RR:NC:WA:361 NY I87590 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030; 6108.32.0010; 6108.92.0030 Ms. Kate Ryan Urban Outfitters 1809 Walnut Street Philadelphia, PA 19103 RE: The tariff classification of women’s pajama separates from India. Dear Ms. Ryan: In your letter dated October 22, 2002, you requested a classification ruling for four women’s garments. Style #AMAEU484 - a woman’s pajama top, constructed from 100% cotton knit lightweight knit fabric. The garment features a round neckline with a textile bow stitched at the center, capped sleeves, and a hemmed bottom. Style #AMAEQ095 - a woman’s pajama bottom (pants), constructed from 100% cotton lightweight knit fabric. The garment features embroidered designs all over the fabric, an elasticized waistband with a drawstring and leg openings finished with overlock stitching. Style #ASKVU488 - a woman’s sleeveless pajama top, constructed from 100% rayon lightweight knit fabric. The garment features a v-neckline with a textile bow stitched at the center, and a hemmed bottom. Style #ASKVQ030 - a woman’s pajama bottom (pants), constructed from 100% rayon lightweight knit fabric. The garment features an elasticized waistband, and hemmed leg openings.  You have indicated that the pajama tops and pants will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear. We are returning your samples as you requested. When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments for Styles AMAEU484 and AMAEQ095 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, Styles AMAEU484 and AMAEQ095 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton, other, women’s. The rate of duty will be 8.6% ad valorem. The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from India is subject to visa requirements and quota restraints. When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments Styles ASKVU488 and ASKVQ030 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16.2% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, Styles ASKVU488 and ASKVQ030 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of man-made fibers. The rate of duty will be 16.2% ad valorem. The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 650. Based upon international textile trade agreements, category 651 from India is subject to visa requirements and quota restraints.  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 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division