The tariff classification of women’s pajamas and pajama separates from India.

N038648 October 8, 2008 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6108.31.0010; 6108.91.0030. Ms. Sophia Spoltore Milgram Freight Services Limited 407 McGill Street, Suite 500 Montreal (Quebec) Canada H2Y 2G7 RE: The tariff classification of women’s pajamas and pajama separates from India. Dear Ms. Spoltore: In your letter dated September 9, 2008, on behalf of your client Adorable Lingerie, Inc., your requested a classification ruling. The submitted samples are described as follows: 1. Style #11684 – A woman’s pajama set constructed from 100% cotton knit fabric. The set is composed of a pullover style top, and pants. The top of Style 11684 features a U-shaped neckline in front, long sleeves, a screen-printed picture of a cat, a “Cat Nip” logo at the chest area, and a hemmed bottom. The pants of Style 11684 feature an all-over printed design, an elasticized waistband with a drawstring, and long hemmed leg openings. 2. Style #3815A – A woman’s pajama set constructed from 100% cotton knit fabric. The set is composed of a tank style top, and pants. The top of Style 3815A is sleeveless and features elasticized shoulder straps, a U-shaped neckline in front, a screen-printed design on the front panel, and a hemmed bottom. The pants of Style 3815A feature an all-over printed design, an elasticized waistband with a drawstring, and long hemmed leg openings. 3. Style #09854A – A woman’s pullover style sleep top constructed from 100% cotton knit fabric. The top features a U-shaped neckline in front, long sleeves, and a hemmed bottom. 4. Style #03854A/D – A woman’s pajama bottom (pants) constructed from 100% cotton knit fabric. The garment features an all-over printed design, an elasticized waistband with a drawstring, and long hemmed leg openings. Based on appearance as well as the merchandising information provided, the tops and pants are considered sleepwear and classified in heading 6108. Your samples are being returned. The applicable subheading for the pajama sets, Styles 11684 and 3815A will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.5% ad valorem. The applicable subheading for the pajama top, Style 09854A and the bottom (pants), Style 03854A/D, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit ...pajamas and similar articles, knitted or crocheted, of cotton, other, women’s. The rate of duty will be 8.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The pajama sets, Styles 11684 and 3815A, fall within textile category 351. The pajama top, Style 09854A and the pajama bottom (pants), Style 03854A/D fall within textile category 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