The tariff classification of women's woven pajamas and sleep separates from the Philippines

NY F87545 May 24, 2000 CLA-2-62:RR:NC:TA:360 F87545 CATEGORY: Classification TARIFF NO.: 6208.22.0000; 6208.92.0030 Diane L.Weinberg Meeks & Sheppard 330 Madison Avenue 39th Floor New York, NY 10017 RE: The tariff classification of women's woven pajamas and sleep separates from the Philippines Dear Ms. Weinberg: In your letter dated May 19, 2000, on behalf of Movie Star, Inc., you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover. Style 1W13158W consists of a camisole and a pair of tap pants made from 100 percent polyester charmeuse woven fabric. The camisole extends from the shoulders to the waist and features scoop neckline, front and rear; narrow, adjustable shoulder straps; a full side opening secured by six buttons and a hemmed bottom. The tap pants, which are made from matching fabric, have a tunnel waistband with a functional drawstring and wide, flared leg openings. You state that the sleepwear components may be imported separately using the following designations: 1W13158A for the camisole and 1W1315B for the tap pants. You have indicated that these garments are designed, marketed and sold as sleepwear. In recent catalogues similarly styled items have been advertised in the sleepwear section, in a mix and match grouping. Therefore, based on the appearance of the garments themselves, as well as the advertising of substantially similar items, the garments are considered to be sleepwear, classifiable under heading 6208, HTS. If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments 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 fibers. The rate of duty will be 16.4 percent ad valorem. If imported separately, or when imported without a matching component, the applicable subheading for the pajama top or bottom will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other similar articles of women's sleepwear of man-made fibers. The rate of duty will be 16.4 percent ad valorem. If imported with equal numbers of matching pajama tops and bottoms, the pajamas fall within the textile category designation 651; the pajama separates fall within the textile category designation 652. Based upon international textile trade agreements, garments imported from the Philippines are subject to a visa requirement 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 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