The tariff classification of a woman’s pajama bottom from Turkey.

NY K85069 May 13, 2004 CLA-2-61:RR:NC:WA:361 NY K85069 CATEGORY: Classification TARIFF NO.: 6108.91.0030 Mr. Doug Hyland Nordstrom 1617 Sixth Avenue, Suite 1000 Seattle, WA 98101 RE: The tariff classification of a woman’s pajama bottom from Turkey. Dear Mr. Hyland: In your letter dated April 7, 2004, you requested a classification ruling for a woman’s pajama bottom. The submitted sample Style #BP89854 is a woman pajama bottom (pants) constructed from 100% cotton rib knit fabric. The garment features a wide elasticized waistband, and hemmed leg openings. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108. We are returning your sample as you requested. The applicable subheading for the pajama (bottoms), Style BP89854, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit bathrobes and similar articles, knitted and crocheted, of cotton, other women’s. The rate of duty will be 8.5% ad valorem. Style BP898534 falls within textile category designation 350. Based upon international textile trade agreements, this category from Turkey 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 pajama bottom. You have not indicated if the bottom will be imported separately or if you intend to import the garment in matching quantities. 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