The tariff classification of women's woven pajamas from Malaysia

NY F86932 June 2, 2000 CLA-2-62:RR:NC:TA:360 F86932 CATEGORY: Classification TARIFF NO.: 6208.22.0000 Saralee Antrim-Saizan Customs Compliance Administrator Carmichael International Service 533 Glendale Boulevard Los Angeles, CA 90026-5097 RE: The tariff classification of women's woven pajamas from Malaysia Dear Ms. Antrim-Saizan: In your letter dated May 3, 2000, on behalf of Kanematsu USA Inc., you requested a classification ruling. The submitted samples, styles 26759 (white) and 26758 (black), are described as "Negligee/Baby Doll Sets." Both are constructed from 100 percent polyester woven chiffon fabric. Each set consists of a short empire-styled gown and a pair of string bikinis. They feature double spaghetti straps, a V front neckline and measure approximately 28 inches from the shoulders to the hemline. In addition, style 26759 has a self-fabric tie at the neckline and style 96758 has a large beaded motif along the entire front neckline. You assert that the garments are not intended for sleeping, but rather are used "as a sex tool"; however, you state that there is no marketing or advertising material to support the premise that the garments are not intended for sleeping. The garments will be sold in intimate apparel departments. Based on the appearance of the garments and their similarity to other garments designed, marketed and sold as sleepwear, we believe that they are correctly classifiable as women's nightwear or pajamas under subheading 6208, HTS. The applicable subheading for styles 26759 and 26758 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven nightdresses and pajamas of man-made fiber. The duty rate will be16.4 percent ad valorem. Styles 26759 and 26758 fall within textile category designation 651. Based upon international textile trade agreements products of Malaysia 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 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. 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 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division