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

NY J84144 June 30, 2003 CLA-2-61:RR:NC:WA:361 NY J84144 CATEGORY: Classification TARIFF NO.: 6108.91.0030; 6208.91.3010 Ms. Lyn Antunes Norman Krieger, Inc. 5761 W. Imperial Hwy. Los Angeles, CA 90045 RE: The tariff classification of women’s pajama separates from China and India. Dear Ms. Antunes: In your letter dated May 19, 2003, on behalf of you client Loomworks Apparel DBA PJ Salvage, you requested a classification ruling for five women’s garments. The submitted samples are described as follows: Style AFL - a pair of women’s pajama bottoms (pants), constructed from 100% cotton flannel woven fabric. The garment features an elasticized waistband with a drawstring, a front opening with a three-button closure, an all-over printed design and hemmed leg openings. Style AFB - a pair of women’s pajama bottoms (shorts), constructed from 100% cotton flannel woven fabric. The garment features an elasticized waistband, a front opening with a snap closure and hemmed leg openings. Style GJR - a woman’s pajama top constructed from100% cotton knit fabric. The features a modified rib knit u-neckline, short sleeves, a screen-printed design on the front panel and a hemmed bottom. Style AJT - a woman’s pajama top constructed from 100% cotton knit fabric. The sleeveless garment features shoulder straps measuring approximately 1½" in width, a screen-printed design on the front panel and a hemmed bottom. We cannot rule on Style BJR, a woman’s 100% cotton flannel pajama top, without submission of a sample for examination. You have described the garments as sleepwear and indicated that they will be sold as coordinating pieces. Based upon the appearance of the items and marketing information provided, these garments will be classified as sleepwear. In the absence of information, as to the manner in which they will be imported, each garment will be classified separately. We are returning your samples as you requested. The applicable subheading for the pajama tops, Styles GJR and AJT, 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, women’s. The rate of duty will be 8.6% ad valorem. Styles GJR and AJT fall within textile category designation 350. Based upon international textile trade agreements, category 350 from China and India are not subject to quota or the requirement of a visa. The applicable subheading for Styles AFL & AFB will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…pajamas…and similar articles:of cotton. The rate of duty will be 11.3 % ad valorem. Styles AFL & AFB fall within textile category designation 352. Products from China and 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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. You have not indicated if the bottoms and tops will be imported separately or if you intend to import these garments with matching parts. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. Please note that by the term "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.  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