The tariff classification of women’s sleep separates from China.

N018999 November 16, 2007 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6108.91.0030 Ms. Darlene Irish Talbots Imports, LLC 1 Talbots Drive Hingham, MA 02043 RE: The tariff classification of women’s sleep separates from China. Dear Mr. Irish: In your letter dated October 23, 2007, you requested a classification ruling for women’s sleep separates. The submitted samples are described as follows: Style #82103003 – A woman’s pullover style sleep top constructed from 94% cotton and 6% spandex knit fabric. The garment has short raglan sleeves with elasticized trim, a notched neckline with elasticized trim, slits at both sides, and a hemmed bottom. Style # 82103010 – A woman’s pajama bottom (pants) constructed from 100% cotton knit printed fabric. The pull-on Capri style pants feature an all-over design, an elasticized waistband with a textile bow stitched at the center front, slits at both sides, and hemmed leg openings. Style #82103011 – A woman’s pajama bottom (pants) constructed from 100% cotton knit printed fabric. The pull-on Capri style pants feature an all-over design, an elasticized waistband with a textile bow stitched at the center front, slits at both sides, and hemmed leg openings. Style #82103012 – A woman’s pajama bottom (pants) constructed from 100% cotton knit printed fabric. The pull-on Capri style pants feature an all-over design, an elasticized waistband with a textile bow stitched at the center front, slits at both sides, and hemmed leg openings. You have indicated that the pajama bottoms and top, Styles 82103003, 82103010, 82103011, and 82103012 will be sold as part of a “mix and match” sleepwear group. Based on the appearance of the submitted garments, as well as the submitted marketing information, they are considered sleepwear. We are returning your samples as you requested. The applicable subheading for the pajama separates, Styles 82103003, 82103010, 82103011, and 82103012 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s knit…pajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem. The pajama separates, Styles 82103003, 82103010, 82103011, and 82103012 fall within category designation 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 Peggy Fitzgerald at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division