The tariff classification of a woman’s three-piece pajama set from Turkey

NY H86214 January 7, 2002 CLA-2-61:RR:NC:WA:361 NY H86214 CATEGORY: Classification TARIFF NO.: 6108.21.0010; 6108.31.0010 Ms. Gina Bies Traffic Manager Carole Hochman Designs, Inc. 801 Foresman Street Wiliamsport, PA 17701 RE: The tariff classification of a woman’s three-piece pajama set from Turkey Dear Ms. Bies: In your letter dated December 14, 2001, you requested a classification ruling for a woman’s three-piece pajama set. This item is being returned as you requested.. Style 239307Z is a woman’s sleepwear set constructed from lightweight 100% cotton knit fabric. The set is composed of a tank top, a pajama bottom, and a panty. You have indicated that this style will be produced and sold at retail as a set. The tank styled pajama top has ½ inch shoulder straps, a modified u-shaped neckline in front and back, and a shirttail bottom finished with overlock stitching. The ankle length pajama bottoms have an elasticized waistband with a drawstring, picot trim at the top of the waistband; and leg openings finished with overlock stitching. The panty has an elasticized waistband and elasticized leg openings. Based on their appearance, the tank styled top and the pajama bottoms are considered sleepwear. Since pajamas consist of two pieces – one to cover the upper portion of the body, and one for the lower, the panty cannot be classified as a part of a pajama set with the other two garments. The applicable subheading for the panty of style 239307Z will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…panties…Knitted or crocheted: Of cotton. The duty rate will be 7.7 percent ad valorem. The applicable subheading for the two-piece pajama set (tank styled top and pajama bottom) of style 239307Z will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…pajamas…Knitted or crocheted: Of cotton. The duty rate will be 8.6 percent ad valorem. The panty of style 239307Z falls within textile category designation 352; the two-piece pajama set (tank styled top and pajama bottom) of style 239307Z falls within textile category designation 351. 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 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division