The tariff classification of women’s pajama separates from China.

NY J81488 March 25, 2003 CLA-2-61:RR:NC:WA:361 NY J81488 CATEGORY: Classification TARIFF NO.: 6108.91.0030; 6108.31.0010 Ms. Laura Siegel Rabinowitz Tompkins & Davidson, LLP One Astor Plaza New York, NY 10036-8901 RE: The tariff classification of women’s pajama separates from China. Dear Ms. Rabinowitz: In your letter dated February 26, 2003, on behalf of your client Carole Hochman Designs, Inc., you requested a classification ruling for two women’s garments. You submitted two samples representing six styles. The styles have only a minor difference in color. Style #330609, is a woman's pajama top constructed from 60% cotton, 40% polyester lightweight knit fabric. The garment features a hood with a drawstring, long sleeves, a full front opening with a zipper closure, two front kangaroo pockets, and a hemmed bottom. This garment will also be imported under Styles 330626 & 330636, representing different colors. Style #338609, is a pair of women’s pajama bottoms (pants), constructed from 60% cotton, 40% polyester lightweight knit fabric. The garment features an elasticized waistband with a drawstring, a small right rear patch pocket, and hemmed leg openings. This garment will also be imported under Styles 338626 & 338632, representing different colors. 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. 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 China 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