The tariff classification of women’s knit garments from Hong Kong.

NY G87390 March 12, 2001 CLA-2-61:RR:NC:WA:361 G87390 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Ms. Michelle Hall Federated Merchandising Group 11 Penn Plaza New York, N.Y. 10001 RE: The tariff classification of women’s knit garments from Hong Kong. Dear Ms. Hall: In your letter dated February 14, 2001, you requested a classification ruling for women’s knit garments. The samples are being returned, as you requested. The garments are constructed from 90% cotton, 10% spandex lightweight knit fabric. Style 2B945 is a woman’s camisole styled pajama top. The top has ¼ inch adjustable shoulder straps and a hemmed bottom. This garment (a floral print) will also be imported under style numbers 2B942 (striped pattern) and 2B956 (solid colors). Style 2B947 is a woman’s pajama short. The pajama short has a ½ inch covered elasticized waistband and hemmed leg openings. This garment (a floral print) will also be imported under style number 2B948e (solid colors). These garments have been designed and will be marketed as sleepwear separates. You have indicated that although the pajama tops and bottoms will be sold as sleepwear separates at retail, they may be imported in equal quantities of matching tops and bottoms. If imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments 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. If imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will each be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem. If imported with equal numbers of matching pajama tops and bottoms, the pajamas fall within the textile category designation 351; the pajama separates each fall within the textile category designation 350. Based upon international textile trade agreements, garments imported from Hong Kong 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 Angela De Gaetano at 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division