The tariff classification of women's pajama separates from Guatemala

NY J87200 September 5, 2003 CLA-2-62:RR:NC:N3:360 J87200 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Mr. John A. Ellefson Director of Customs Compliance Blue Star Imports, L.P. 150 Thorn Hill Road Warrendale, PA 15086 RE: The tariff classification of women's pajama separates from Guatemala Dear Mr. John A. Ellefson: In your letter dated August 14, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover. Style 6168 is a women’s pajama pant constructed from 100 percent cotton woven fabric. The garment features a drawstring waist, a button fly, a rear patch pocket and long hemmed leg openings. Based on the appearance of the garment and the manner in which it will be marketed, we concur with your contention that the garment is sleepwear. The applicable subheading for style 6168 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 gown and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem. Style 6168 falls within textile category designation 352. Based upon international textile trade agreements products of Guatemala are not 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. 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