The tariff classification of women's pajama bottoms from India

NY J82242 April 2, 2003 CLA-2-62:RR:NC:N3:360 J82242 CATEGORY: Classification TARIFF NO.: 6208.21.0020; 6208.91.3010 Mr. Steve Renfroe May Merchandising Company May Department Stores International Inc. 615 Olive Street St. Louis, MO 63101 RE: The tariff classification of women's pajama bottoms from India Dear Mr. Renfroe: In your letter dated March 11, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. All of the submitted samples are women’s pajama bottoms constructed from 100 percent cotton woven fabric. Style 99203 and 99212 features an elasticized drawstring waist and long legs with side vents and eyelet embroidery at the bottom and on the legs. Style 99211 features an elasticized drawstring waist and short legs with side vents and eyelet embroidery at the bottom and on the body. Style 99213 features an elasticized drawstring waist and short legs with side vents. The garment is embellished with contrasting colored embroidery. You have indicated that the pajama bottoms will be sold as part of a “mix and match” sleepwear group. Based upon the appearance of the garments and the information you have provided, the garments are considered sleepwear. When imported separately, or when imported without a matching component, the applicable subheading for the pajama bottoms 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 11.3 percent ad valorem. When imported together in shipments containing equal number (pairs) of matching pajama tops and bottoms, the , the applicable subheading will be 6208.21.0020, 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. The pajama bottoms when imported separately or without a matching component will fall within textile category designation 352; the pajama bottoms when imported in equal numbers (pairs) with a matching component will fall within textile category designation 351. Based upon international textile trade agreements products of India 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 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.). 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