The tariff classification of women’s three-piece pajama sets from the Hong Kong.

NY G87142 March 19, 2001 CLA-2-61:RR:NC:WA:361 G87142 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Mr. Adam Lander Customs Compliance Auditor Associated Merchandising Corporation 500 Seventh Avenue New York, NY 10018 RE: The tariff classification of women’s three-piece pajama sets from the Hong Kong. Dear Mr. Lander: In your letter dated February 2, 2001, with additional information provided on February 14, 2001, you requested a classification ruling for two woman’s three-piece pajama sets. As you have requested, these garments are being returned to you. Style PT1A017 is a woman’s three-piece pajama set constructed from 60% cotton, 40% polyester lightweight knit fabric. The camisole style top has ¼ inch elasticized shoulder straps; picot trim around the front neckline; and an overlock stitch finish to the bottom. The cardigan styled top has a full front opening with button closure; a rounded neckline; long sleeves; and an overlock stitch finish to the bottom. The cardigan has picot trim around the neckline, placket; and sleeves. The pull-on pajama pants have an elasticized waistband and hemmed leg openings. Style PC1A043 is a woman’s three-piece pajama set constructed from 100% cotton lightweight knit fabric. The camisole style top has ¼ inch adjustable shoulder straps and a hemmed bottom. The cardigan styled top has a full front opening with snap closure; a rounded neckline; long sleeves; and a hemmed bottom. The pull-on pajama pants have a partially elasticized waistband and hemmed leg openings. You have indicated that these items will be bought and sold as three piece sets. Based on the appearance of the garments, as well as the manner in which they will be merchandised, they are considered articles of intimate apparel. The camisole pajama tops and pants will be classified as pajamas; the cardigan top is classified in heading 6108, as a bed jacket. The applicable subheading for the pajamas (camisole top and pants) of styles PT1A017 and PC1A043 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit… pajamas of cotton. The rate of duty will be 8.6 percent ad valorem. The applicable subheading for the cardigan top of styles PT1A017 and PC1A043 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit… bathrobes…and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem. The pajamas (camisole top and pants) of styles PT1A017 and PC1A043 fall within the textile category designation 351; the cardigan top of styles PT1A017 and PC1A043 falls within the textile category designation 350. Based upon international textile trade agreements products of Hong Kong 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 Angela De Gaetano at 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division