The tariff classification of women's sleepwear from China, Hong Kong and Macau.

NY I80519 May 7, 2002 CLA-2-62:RR:NC:N3:360 I80519 CATEGORY: Classification TARIFF NO.: 6208.21.0010; 6208.91.3010 Ms. Jeanine Greener Eddie Bauer, Inc. P.O. Box 97000 Redmond, WA 98073-9700 RE: The tariff classification of women's sleepwear from China, Hong Kong and Macau. Dear Ms. Greener: In your letter dated April 5, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Item number 045-0589 (regular) is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long legs with decorative trim at the hem. This garment will also be imported in petite, tall and plus sizes under item numbers 045-0590, 045-0591 and 045-0526. Item number 045-0533 (regular) is a woman’s pajama top constructed from 100 percent cotton woven fabric. The garment features long sleeves with decorative trim at the hem, a collar and a full front opening secured by five buttons. This garment will also be imported in petite, tall and plus sizes under item numbers 045-0534, 045-0534 and 045-0536. Item number 045-0616 (regular) is a woman’s nightgown constructed from 100 percent cotton woven yarn-dyed fabric. The garment features a square front neckline, ¼ inch wide shoulder straps, a partial front opening secured by four buttons and decorative trim at the hem. The garment has pintucks on each side of the front opening and smocking on the center upper back. This garment will also be imported in petite and tall sizes under item numbers 045-0617 and 045-0618. In your letter you have stated that these garment will be marketed and sold as sleepwear and each garment will have an “Eddie Bauer Sleepwear” label attached. The applicable subheading for item numbers 045-0589 and 045-0533 will be 6208.91.3010, 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: other: of cotton: other: women’s. The rate of duty will be 11 percent ad valorem The applicable subheading for item number 045-0616 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: other: women’s. The rate of duty will be 9 percent ad valorem. Item numbers 045-0589 and 045-0533 fall within textile category designation 352 and item number 045-0616 falls within textile category designation 351. Based upon international textile trade agreements products of China, Hong Kong and Macau 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 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division