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NY K88139




August 27, 2004
CLA-2-61:RR:NC:WA:361 NY K88139

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030; 6108.32.0010

Mr. Thomas MacMahon
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of women’s pajama separates, robe and bed jacket from Hong Kong.

Dear Mr. MacMahon:

In your letter dated July 23, 2004, you requested a classification ruling for five women’s garments.

The submitted samples are described as follows:

Style #267916 - a woman’s pullover style pajama top constructed from 45% rayon, 25% nylon, 15% cotton, 10% angora, and 5% cashmere knit fabric. The garment features a V-shaped neckline in front, long sleeves, and a tubular knit bottom.

Style #267915 - a woman’s tank style pajama top constructed from 45% rayon, 25% nylon, 15% cotton, 10% angora, and 5% cashmere knit fabric. The garment features a modified U-shaped neckline, spaghetti straps, a textile bow stitched under the center of the neckline in front, and tubular knit bottom.

Style #267864 – a woman’s pajama bottom (pants) constructed from 45% rayon, 25% nylon, 15% cotton, 10% angora, and 5% cashmere knit fabric. The garment features a wide elasticized waistband, and tubular knit finished leg openings.

Style #267880 - a woman’s bed jacket constructed from 45% rayon, 25% nylon, 15% cotton, 10% angora, and 5% cashmere knit fabric. The bed jacket extends below the waist and features long sleeves, a full front opening with a tie closure, and a crocheted finished bottom.

Style #267883 – a woman’s robe constructed from 45% rayon, 25% nylon, 15% cotton, 10% angora, and 5% cashmere knit fabric. The robe extends below the knew and features a full front opening with a sash closure, long sleeves, two front pockets, and a rib knit bottom.

You have indicated that the pajama tops and 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 samples as you requested.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted or crocheted, of cotton, women’s. The rate of duty will be 16% ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted and crocheted, other, of cotton, other women’s. The rate of duty will be 16% ad valorem.

The applicable subheading for the robe, Style 267883, and the bed jacket, Style 267880 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of man-made fibers, other, women's. The rate of duty will be 16% ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the pajama tops and bottoms imported separately or without a matching component fall within textile category designation 650. The robe and bed jacket falls within textile category 650. Based upon international textile trade agreements, category 651 from Hong Kong is subject to visa requirements and 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.

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

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