The tariff classification of women's sleepwear from India

NY G88858 April 16, 2001 CLA-2-62:RR:NC:TA:360 G88858 CATEGORY: Classification TARIFF NO.: 6208.21.0010, 6208.91.3010 Ms. Ludene Murphree Gap Inc. 345 Spear Street San Francisco, CA 94105 RE: The tariff classification of women's sleepwear from India Dear Ms. Murphree: In your letter dated March 16, 2001, you requested a classification ruling on behalf of GapBody. The samples submitted with your request will be returned to you under separate cover. The submitted samples, styles 111667 (bottom) and 116446 (top) are identified as matching sleepwear separates constructed from 100 percent cotton woven fabric. The fabric is lightweight, 107 grams per square meter and is yarn-dyed. Style 111667 is a woman’s pajama bottom that features a covered elasticized waist with a self-fabric drawstring, long hemmed legs and a rear patch pocket. Style 116446 is a woman’s pajama top that features long hemmed sleeves, a collar, side slits and a full front opening secured by five buttons. You have indicated that these garments will be sold as separates in the sleepwear department of GapBody stores and that the department will have sleepwear signage. Based on the appearance of the garments, as well as the manner in which they will be merchandised, these items are considered sleepwear, classified in heading 6208. The applicable subheading for both styles when imported in shipments containing equal numbers of matching tops and bottoms will be 6208.21.0010, 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: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9.1 percent ad valorem. The applicable subheading for both styles when imported separately or imported without a matching component will be 6208.91.3010, 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 rate of duty will be 11.4 percent ad valorem. The pajama separates, if imported in equal quantities of matching tops and bottoms fall within textile category designation 351; if imported separately or in unequal numbers the pajama separates fall within textile category designation 352. Based upon international textile trade agreements products of India are currently subject to quota restraints 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