The tariff classification of a woman’s pajama top from China.

NY J89798 November 18, 2003 CLA-2-61:RR:NC:WA:361 NY J89798 CATEGORY: Classification TARIFF NO.: 6108.91.0030 Ms. Lyn Autunes Norman Krieger, Inc. 5761 W. Imperial Hwy. Los Angeles, CA 90045 RE: The tariff classification of a woman’s pajama top from China. Dear Ms. Autunes: In your letter dated September 2, 2003, with supplemental information received on October 20, 2003, you requested a classification ruling for a woman’s pajama top. The submitted sample, Style Penguin PJ Top, is a woman’s pajama top constructed from 100/% cotton pointelle knit fabric. The garment features a modified U-shaped neckline, long sleeves with rib knit cuffs, an embroidered Penguin design with the words “Got Snow?” at the chest area, and a hemmed bottom. Based on its appearance, the garment is considered sleepwear and classified in heading 6108. The applicable subheading for the pajama top, Style Penguin P.J. Top, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and similar articles, knitted or crocheted, other, of cotton, other, women’s. The rate of duty will be 8.6% ad valorem. The pajama top, Style Penguin P.J. Top, falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from China is not subject to visa requirements or 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 referred to the submitted garment as a pajama top. You have not indicated if the top will be imported separately or if you intend to import the garment with matching sleep 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 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, National Commodity Specialist Division