The tariff classification of women's sleepwear from Hong Kong

NY C88642 June 8, 1998 CLA-2-62:RR:NC:TA:360 C88642 CATEGORY: Classification TARIFF NO.: 6208.91.3010; 6208.21.0010; 6208.21.0020 Mr. Arthur Werner Apparel Concepts Int'll 180 Madison Ave Suite 1102 New York, NY 10016 RE: The tariff classification of women's sleepwear from Hong Kong Dear Mr.Werner: In your letter dated June 3, 1998, you requested a classification ruling for four styles of women's sleep bottoms. Styles 7688 and 7888 are women's pajama bottoms constructed from woven 100 percent cotton flannel yarn dyed fabric. Styles 7677 and 7877 are women's pajama bottoms constructed from 100 percent cotton flannel printed fabric. Styles 7688 and 7677 are sleep shorts with elasticized waists and styles 7888 and 7877 are long pajama pants with elasticized waists. The garments are amply cut and the documentation submitted with your request supports your claim of sleepwear. Furthermore, you have indicated that these garments will be imported and will be sold separately as mix and match components. Customs views pajamas as composite goods. As composite goods and based upon their condition as imported, shipments of equal numbers of matching sleepwear (pajama) tops and sleepwear (pajama) bottoms will be viewed by Customs as shipments of composite goods that form a whole which is not normally sold as separate parts and is commercially known as pajamas. Thus, garments in such shipments will be classified as pajamas of heading 6208, HTS. 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 prelude classification as pajamas. The sleepwear separates, if imported separately or as unmatched extras, are not classified as pajamas. When imported separately, or as unmatched extras in a shipment, the applicable subheading for styles 7688, 7888, 7677 and 7877 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 duty rate will be 11.6 percent ad valorem. When imported together in shipments containing matching equal number of tops and bottoms of cotton with two or more colors in the warp and/or filling, the garments constitute a pajama set and the applicable subheading will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven cotton pajamas with two or more colors in the warp and/or filling in subheading. If the pajamas are of printed cotton fabric, the applicable subheading will be 6208.21.0020, HTS. The rate of duty will be 9.3 percent ad valorem. When imported separately, or as unmatched extras in a shipment, styles 7688, 7888, 7677 and 7877 fall within textile category designation 352. When imported together in shipments containing equal numbers of tops and bottoms which constitute a pajama set, the pajamas will fall under textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints. 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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. 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 (212) 466-5866. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division