The tariff classification of women's pajama bottoms from China

NY K80244 November 25, 2003 CLA-2-62:RR:NC:N3:360 K80244 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Ms. Jeannine Greener Eddie Bauer, Inc. P.O. Box 97000 Redmond, WA 98073-9700 RE: The tariff classification of women's pajama bottoms from China Dear Ms. Greener: In your letter dated October 29, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Both of the submitted samples are women’s pajama bottoms constructed from 100 percent cotton woven fabric. Item number 045-1232 (regular) features an elasticized drawstring waist, capri length legs with a scalloped edge. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1233, 045-1234 and 045-1235. Item number 045-1224 (regular) features an elasticized drawstring waist and long hemmed legs. This garment will also be imported in petite, tall and plus sizes under item numbers 045-1225, 045-1226 and 045-1227. You have indicated that these garments are part of a “mix and match” sleepwear group. Based upon their appearance and the merchandising information you have provided, the garments are considered sleepwear. In your letter you suggest classification under subheading 6108.91.0030, HTS. Both items however are correctly classified as woven garments classifiable under heading 6208, HTS. The applicable subheading for both garments will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem. Both items fall within textile category designation 352. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa. In your letter you made reference to knitted sleepwear tops. You have not indicated if the tops will be imported separately or if you intend to import these garments 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 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 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. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). 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 Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division