The tariff classification of women’s knit sleepwear separates from Turkey.

NY H85076 August 16, 2001 CLA-2-61:RR:NC:WA:361 H85076 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Ms. Linda Moyer Customs Manager Associated Merchandising Corp. 500 Seventh Avenue New York, NY 10018 RE: The tariff classification of women’s knit sleepwear separates from Turkey. Dear Ms. Moyer: This ruling replaces our original ruling H83256 issued to you on August 1, 2001. You have requested a correction due to a clerical error in one of the Harmonized Tariff numbers. In your letter of July 5, 2001, you requested a classification ruling for three garments. As you have requested, the garments were returned to you with the original ruling. Style 62821 is a woman’s pullover styled pajama top constructed from 100% cotton knit lightweight fabric. The garment has a rounded neckline with a band collar; ¾ length raglan sleeves; and a hemmed shirttail bottom. Style 50839 is a woman’s pullover styled pajama top constructed from 100% cotton knit lightweight fabric. The garment has a rounded neckline with a band collar; long hemmed sleeves; and a hemmed shirttail bottom. Style 57391 is a pair of woman’s pull-on pajama pants. The pants have an elasticized waistband and hemmed leg openings. You have indicated that these items are part of a sleepwear grouping. The pajama tops and bottoms will be offered separately to provide your customers with a choice of sleepwear styles. Based on their appearance, as well as the manner in which they will be advertised, the garments are considered sleepwear. If imported in equal numbers of matching pajama tops (style 62821 or 50839) and bottoms (style 57391) in the same shipment, the applicable subheading for the pajamas 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, and for any non-matched garments, the applicable subheading for each style (62821, 50839 and 57391) will 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 in equal numbers of matching tops (style 62821 or 50839) and bottoms (style 57391) in the same shipment, the pajamas fall within textile category designation 351; each style (62821, 50839 and 57391) imported separately, and any non-matched styles fall within textile category designation 350. Based upon international textile trade agreements products of Turkey 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