The tariff classification of women’s pajama separates from Hong Kong.

NY I87729 December 9, 2002 CLA-2-61:RR:NC:WA:361 NY I87729 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Mr. John Imbrogulio Nordstrom Product Group 1617 Sixth Avenue, Suite 1000 Seattle, WA 98101-1742 RE: The tariff classification of women’s pajama separates from Hong Kong. Dear Mr. Imbrogulio: In your letter dated November 12, 2002, you requested a classification ruling for five women’s garments. Style #NO70010 - a pair of women’s pajama bottoms (pants), constructed from 100% cotton knit lightweight knit fabric. The garment features an elasticized waistband with a drawstring, and hemmed leg openings. Style #NO70016 - a pair of women’s pajama bottoms (shorts), constructed from 100% cotton lightweight knit fabric. The garment features an elasticized waistband with a drawstring and short hemmed leg openings. Style #NO70018 - a woman’s sleeveless pajama top, constructed from 100% cotton lightweight knit fabric. The garment features a straight neckline, elasticized adjustable shoulder straps, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. Style #NO70019 – a woman’s pajama top constructed from 100% cotton lightweight knit fabric. The garment features short sleeves, a v-neckline, and a hemmed bottom.  Style #NO70024 - a woman’s pajama top constructed from 100% cotton lightweight knit fabric. The garment features a hood, a full front opening, with a zipper closure, long sleeves, kangaroo pockets, and a hemmed bottom. You have indicated that the pajama tops and bottoms will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear. We are returning your samples as you requested. When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms, 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, other, women’s. The rate of duty will be 8.6% ad valorem. Effective January 1, 2003, the rate of duty for HTS numbers 6108.31.0010 and 6108.91.0030 will remain the same. The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Hong Kong is subject to visa requirements and quota restraints. 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