The tariff classification of a woman’s sleep top from Indonesia.

NY K83713 April 1, 2004 CLA-2-61:RR:NC:WA:361 NY K83713 CATEGORY: Classification TARIFF NO.: 6108.92.0030 Mr. Kevin Maher CAir Customhouse Brokers International Freight Forwarders 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a woman’s sleep top from Indonesia. Dear Mr. Maher: In your letter dated March 2, 2004, on behalf of your client Delta Galil USA, Inc., you requested a classification ruling. The submitted sample, Style 2932P, is a woman’s sleep top constructed from 88% nylon, and 12% spandex knit fabric. The garment features a V-shaped neckline in front, elasticized adjustable shoulder straps, and a hemmed bottom. The garment also has lace trim around the neckline and across the chest area. In your ruling request, you recommended classification of the submitted garment under HTS 6109.20.030. That HTS number does not exist. The garment is properly classified under HTS 6108.92.0030, based on the terms of the heading. The submitted garment, Style 2932P, is considered sleepwear, based both on its appearance and the manner in which it is advertised and sold. We are returning your sample as you requested. The applicable subheading for the pajama top, Style 2932P, will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knit…pajamas and similar articles of man-made fibers, other, women's. The rate of duty will be 16% ad valorem. Style 2932P falls within the textile category designation 650. Based upon international textile trade agreements, category 650 from Indonesia is not subject to visa requirements or 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. In your letter you referred to the submitted garment as a sleep top. You have not indicated if you will also be importing matching sleepwear bottom. 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