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

NY K82521 February 19, 2004 CLA-2-61:RR:NC:WA:361 NY K82521 CATEGORY: Classification TARIFF NO.: 6108.92.0030; 6108.32.0010 Ms. Allison Baron Sharretts, Paley, Carter & Blauvelt, P.C. Sevemty-five Broad Street New York, NY 10004 RE: The tariff classification of women’s pajama separates from Hong Kong or China. Dear Ms. Baron: In your letter dated January 5, 2004, you requested a classification ruling for four women’s garments. The submitted samples are described as follows: Style #S2071 - a two–piece pajama set consisting of a top and bottom (shorts) constructed from 72% nylon and 28% spandex knit fabric. The sleeveless top of Style S2071 features a V-neckline with lace trim, elasticized adjustable shoulder straps measuring approximately ¼" in width, and a hemmed bottom. The pull-on bottoms (shorts) feature an elasticized waist, and hemmed leg openings. Style #S2096 - a two–piece pajama set consisting of a top and bottom (shorts) constructed from 79% nylon and 21% spandex knit fabric. The sleeveless top of Style S2096 features a V-neckline lace cups elasticized adjustable shoulder straps measuring approximately 5/16” in width, and a hemmed bottom. The pull-on bottoms (shorts) feature an elasticized waist and hemmed leg openings. You have indicated in your request that the garment will likely be imported as sets, and that they may also be sold as separates. Based on its appearance, these garments are considered sleepwear and classified in heading 6108. 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 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted or crocheted, of cotton, women’s. The rate of duty will be 16% ad valorem. When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted and crocheted, other, of cotton, other women’s. The rate of duty will be 16% ad valorem. The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 650. Based upon international textile trade agreements, category 651 from China and Hong Kong is subject to visa requirements and quota restraints; category 650 from China is subject to 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