United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L85563 - NY L85606 > NY L85597

Previous Ruling Next Ruling
NY L85597




July 12, 2005

CLA-2-61:RR:NC:WA:361 NY L85597

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Lisa York
Target Customs Brokers, Inc.
33 South Sixth Street Mail Stop-3315
Minneapolis, Minnesota 55402

RE: The tariff classification of a woman’s nightgown and sleep separates from Guatemala or Vietnam.

Dear Ms. York:

In your letter dated June 8, 2005, you requested a classification ruling for a woman’s nightgown and sleep separates. We are returning your samples as you requested.

The submitted samples are described as follows:

Style #128931 – A woman’s pullover style pajama top constructed from 100% cotton knit fabric. The garment features short sleeves, a crew neck, and a hemmed bottom.

Style #128923 – A woman’s pajama bottom (shorts) constructed from 100% cotton knit fabric. The garment features an elasticized waistband, a front opening with a three-button closure, two rear pockets with a one-button closure, slits at both sides, and hemmed leg openings.

Style #128924 – A woman’s pullover style pajama top constructed from100% cotton knit fabric. The garment features long sleeves, a hood without a drawstring, and a hemmed bottom.

Style #128928 – A woman’s pajama bottom (pants) constructed from 100% cotton knit fabric. The garment features an elasticized waistband, a front opening with a three-button closure, two rear pockets with a one-button closure, and a two-inch panel added at the bottom to finish the leg openings.

You have indicated that the pajama tops will be sold as part of a “mix and match” sleepwear group. Based on the appearance of the submitted garments, as well as the submitted labeling and marketing information, they are considered sleepwear.

Style #128930 – A woman’s pullover style full-length nightgown constructed from100% cotton knit fabric. The tank styled pullover garment has a U-shaped neckline, a four-button partial front opening, and a hemmed bottom with eight-inch side slits.

The applicable subheading for the nightgown, Style #128930 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.5% ad valorem.

The applicable subheading for the pajama separates, Styles #128931, 128923, 128924, and 1288928 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem.

The nightgown, Style #128930, falls within textile category designation 351. The pajama separates, Styles #128931, Style #128923, Style #128924, Style #128928 fall within category designation 350. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

In your letter you referred to the submitted garments as sleep tops and bottoms. You have not indicated if the tops and bottoms will be imported separately or if you intend to import the garments in matching sleep top and 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,

Previous Ruling Next Ruling

See also: