The tariff classification of women’s pajama separates from Hong Kong.

NY J87264 September 24, 2003 CLA-2-61:RR:NC:WA:361 NY J87264 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030 Ms. Allison Baron Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street New York, NY 10004 RE: The tariff classification of women’s pajama separates from Hong Kong. Dear Ms. Baron: In your letter dated August 15, 2003, on behalf of your client SBH Intimates, you requested a classification ruling for two women’s garments. The submitted samples are described as follows: Style #SG 267 - a woman's sleeveless pajama top constructed from 100% cotton lightweight knit fabric. The garment features a modified U-shaped rib knit neckline, a screen-printed “SuperGirl” logo at the chest area, and a hemmed bottom. Style #SG 268 - a pair of women’s pajama bottoms (pants), constructed from 100% cotton lightweight knit fabric. The garment features an elasticized waistband with a drawstring, an all-over screen-printed design, and hemmed leg openings. You have indicated that the pajama top and pants will be sold as part of a “mix and match” sleepwear group. Based on its appearance, and the merchandising information you have 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 and similar articles, knitted or crocheted, 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, knitted or crocheted, other, of cotton, other, women’s. The rate of duty will be 8.6% ad valorem. The pajama top and bottom, when imported in equal quantities fall within the textile category designation 351; the pajama top and bottom imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, categories 351 from Philippines are 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 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. 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