The tariff classification of women's sleep separates from China

NY J84230 May 28, 2003 CLA-2-62:RR:NC:N3:360 J84230 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Ms. Jeannine Greener Eddie Bauer, Inc. P.O. Box 97000 Redmond, WA 98073-9700 RE: The tariff classification of women's sleep separates from China Dear Ms. Greener: In your letter dated May 12, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Design #D3357119 (057-0349) is a women’s sleep pant constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. Design #D3357126 (057-0350) is a women’s sleep pant constructed from 100 percent cotton flannel woven fabric. The garment features an elasticized drawstring waist and long hemmed legs. You have indicated that the pajama pants will be sold as part of a “mix and match” sleepwear group and will be displayed with coordinating knit tops. The garments will be sold in a “sleep shop” section and when imported will have an “Eddie Bauer Sleepwear” label attached. Based on appearance, and the merchandising information you have provided, the garments are considered sleepwear. The applicable subheading for both garments 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. Both garments falls within textile category designation 352. Based upon international textile trade agreements products of China 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. In your letter you have indicated that the sleep pant separates will not be sold with matching tops, but you have not indicated whether the sleep pants will be imported separately or with matching tops. 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 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.). 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