The tariff classification of men’s pajamas from India

NY I88856 December 10, 2002 CLA-2-62:RR:NC:WA:355 I88856 CATEGORY: Classification TARIFF NO.: 6207.21.0010 Mr. Marvin Lutz Consolidated Apparel Group, Inc. 30 Bridge Road Rouses Point, NY 12979 RE: The tariff classification of men’s pajamas from India Dear Mr. Lutz: In your letter dated November, 29, 2002, you requested a classification ruling. You submitted a sample of men’s pajamas identified as style 424199SE1. You describe this item as men’s boxed pajamas; the sample was submitted in a size large. The style consists of a knit top, made of 90 percent cotton and 10 percent polyester fiber knit fabric and a woven bottom, made of 100 percent cotton fabric. The knit top features a Henley neckline with a three button opening, rib knit cuffed long sleeves and a hemmed bottom with side vents. The woven bottoms feature an elasticized waistband with a draw tape, side seam pockets, a one button fly and hemmed leg openings. The top is a solid color gray fabric; the bottom is a blue and gray plaid fabric. Style 424199SE1 was submitted in a clear acrylic box which was, at one time, permanently sealed. The box has an insert depicting a man wearing the garment. The box front has the logo, “Men’s Sleepwear Set”. On one side there also appears the wording “two piece sleepwear”. In your letter you state that although the garments will be imported and are intended to be sold in this style packaging, you do not know how the retailer will advertise this merchandise. The applicable subheading for style 424199SE1 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling. The duty rate will be 9 percent ad valorem. In 2003, the duty rate remains unchanged. 424199SE1 falls within textile category designation 351. Based upon international textile trade agreements products of India 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 Camille R. Ferraro at 646-733-3046. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division