The tariff classification of a woman’s pajamas and pajama separates from various countries.

NY J83235 May 1, 2003 CLA-2-61:RR:NC:WA:361 NY J83235 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Ms. Jeannine Greener – Import Specialist Eddie Bauer, Inc. P.O. Box 97000 Redmond, Washington 98073-9700 RE: The tariff classification of a woman’s pajamas and pajama separates from various countries. Dear Ms. Greener: In your letter dated April 7, 2003, you requested a classification ruling. The first submitted sample, a woman’s pajama top, will be imported under Style #045-1049 (regular size), Style #045-1050 (petite size), and Style #045-1051 (tall size). The garment is constructed from 100% cotton knit fabric and features a rib-knit neckline, a partial front opening with a four-button closure, long sleeve, and a hemmed bottom. The garment also has picot trim around the neckline. You have indicated that the pajama top will be sold as part of a “mix and match” sleepwear group. The second submitted sample, a pair of women’s pajamas consisting of a top and pants, will be imported under Style #045-1057 (regular size), Style #045-1058 (petite size), Style #045-1059 (tall size), and Style #045-1060 (plus size). The garments are constructed from 100% cotton knit fabric. The top of features an all-over floral design, a rib knit neckline, a full front opening with a seven-button closure, and a hemmed bottom. The pull-on pants feature an elasticized waistband, and hemmed leg openings. You have indicated that these styles will be produced, imported and sold at retail as sets. Based on its appearance, and the merchandising information you have provided, the garment is considered sleepwear.  We are returning your samples as you requested. The applicable subheading for the pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6% ad valorem. 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 knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6% ad valorem. The pajamas fall within the textile category designation 351; the pajama tops fall within the textile category designation 350. 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. In your letter you have indicated that the pajama top separates will not be sold with matching bottoms, but you have not indicated whether the tops will be imported separately or with matching bottoms. 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 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, National Commodity Specialist Division