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NY I87646

November 27, 2002

CLA-2-61:RR:NC:WA:361 NY I87646


TARIFF NO.: 6108.91.0030

Mr. Doug Hyland
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

RE: The tariff classification of women’s sleepwear from Hong Kong.

Dear Mr. Hyland:

In your letter dated October 25, 2002, you requested a classification ruling for a woman’s pajama bottom.

The submitted sample, Style #BP64103, is a pair of women’s pajama bottoms (pants) constructed from 100% cotton lightweight rib knit fabric. The pull-on pajama bottoms feature an elasticized waist and hemmed leg openings.

You have indicated that the pajama bottoms will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

We are returning your sample as you requested.

The applicable subheading for Style BP64103, the pajama bottoms, 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.

Style BP64103 falls within the textile category designation 350. Based upon international textile trade agreements, category 350 from Hong Kong 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 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 referred to the submitted garment as a pajama bottom. You have not indicated if the bottoms will be imported separately or if you intend to import these garments with matching sleep tops. 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.


Robert B. Swierupski

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