The tariff classification of women’s woven pajama separates from Indonesia, Lesotho and/or the Philippines

NY I80967 May 16, 2002 CLA-2-62:RR:NC:N3:360 I80967 CATEGORY: Classification TARIFF NO.: 6208.91.3010; 6208.21.0010 Fifi Pudjijanto Import Compliance Manager 345 Spear Street San Francisco, CA 94105 RE: The tariff classification of women’s woven pajama separates from Indonesia, Lesotho and/or the Philippines Dear Ms Pudjijanto: In your letter dated April 25, 2002, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover. Style 171937 is a women’s long pajama bottom made from 100% cotton woven poplin lightweight fabric. The garment features a self-fabric drawstring at the waist and two side pockets. Style 171972 is a women’s long pajama bottom made from 100% cotton woven lightweight fabric. The garment features a fully elasticized waistband, a two button front closure and two rear pockets. Style 171973 is a women’s pajama top made from 100% cotton woven fabric. The garment has long sleeves with vents, a pointed collar, a full front opening secured by six buttons and a shirttail bottom. This top will be displayed and merchandised with sleep bottom style 171972. Based on the appearance of the garments and the manner in which they will be marketed and sold, we agree with your assertion that these garments are classifiable as sleepwear. When imported separately, or when imported without a matching component the applicable subheading for all three styles will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’…pajamas… and similar articles: other: of cotton: other. The duty rate will be 11.3 percent ad valorem. When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, the styles are classifiable in subheading 6208.21.0010, HTSUSA, which provides for women’s or girls’ nightdresses and pajamas, of cotton: other: women’s. The applicable rate of duty will be 9 percent ad valorem. When imported separately these styles fall within textile category designation 352. When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms, these styles fall within textile category designation 351. Based upon international textile trade agreements products of Indonesia and the Philippines are subject to quota and the requirement of a visa. Products of Lesotho are not currently 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 Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division