The tariff classification of women’s intimate apparel from China

NY K87356 July 20, 2004 CLA-2-62:RR:NC:N3:360 K87356 CATEGORY: Classification TARIFF NO.: 6208.22.0000, 6208.92.0030 Robert L. Eisen Christopher E. Pey Coudert Brothers LLP 1114 Avenue of the Americas New York, NY 10036-7703 RE: The tariff classification of women’s intimate apparel from China Dear Messrs. Eisen and Pey: In your letter dated June 22, 2004, you requested a classification ruling on behalf of College Concepts, Inc. The samples submitted with your request will be returned as requested. Four styles of intimate apparel garments (a two piece set, a camisole and two types of panties) were submitted with your request. Each style is made from 100% polyester satin woven fabric. Glacier style PGY is a two-piece pajama set consisting of a short sleeved top with a notched collar, a full front opening with a four-button closure and two patch pockets on the front at the bottom. The short pajama bottom features an elasticized waistband with self-fabric drawstring and side seam pockets. This style is labeled “Concepts Sport Sleepwear by College Concepts”. There is a separate hangtag that identifies the set as “Ladies Sleepwear”. Glacier style PGC is a sleepwear camisole that extends to the waist. The garment features a v-shaped neckline, front and rear, a hemmed bottom and adjustable self-fabric spaghetti straps. This style will also have the same sleepwear labeling and hangtag as style PGY. Glacier styles PGU (bikini panty) and PGG (thong panty) are decorated with two small bows at the top of the waistband. Both panties feature elasticized waist and leg openings and a lined crotch. You have referred to the submitted garments as sleepwear and have submitted marketing information from College Concept’s catalog indicating that the “Glacier” style garments will be advertised as “Women’s sleepwear” and as “Poly Sleepwear”. Based on the appearance of the garments themselves, as well as the supporting marketing information provided, the garments are considered sleepwear, either pajama sets or separates. You have also indicated that the camisole and panties may be imported either separately or occasionally in matching sets. Under such circumstances, different classifications may apply as indicated below. The applicable subheading for style PGY (pajama set) will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamas of man-made fibers. The duty rate will be 16 percent ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for styles PGC (camisole), PGU (bikini panty) and PGG (thong panty) will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…pajamas… and similar articles of man-made fibers. The duty rate will be 16 percent ad valorem. When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, the applicable subheading for the matching garments styles PGC (camisole), PGU (bikini panty) and PGG (thong panty) will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamas of man-made fibers. The duty rate will be 16 percent ad valorem. Style PGY, as well as, styles PGY, PGU and PGG, when imported in equal numbers of matching tops and bottoms fall within textile category designation 651. Styles PGY, PGU and PGG when imported separately or without a matching component fall within textile category designation 652. Based upon international textile trade agreements products of China 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 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. 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 Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division