The tariff classification of five women’s garments from China or Vietnam

N104299 May 11, 2010 CLA-2-62:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Mr. Paul Anuschat Geo. S. Bush & Co. P.O. Box 8829 Portland, Oregon 97208-8829 RE: The tariff classification of five women’s garments from China or Vietnam Dear Mr. Anuschat: In your letter dated April 26, 2010 you requested a classification ruling on behalf of your client Fred Meyer, Inc./The Kroger Co. Style 5290 consists of a pair of women’s pajama bottoms constructed from 100 percent cotton woven flannel fabric. One garment features an elasticized waist and long hemmed legs. The other garment is identical in styling but with short legs. The garments are in contrasting colors and prints. You have indicated that these garments are imported together and are marketed and sold as sleepwear. You referred to styles 950-5286, 950-5287 and 950-5288 as sleepwear. Classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information. How have these styles been designed? As “knock off” of items in the market, or as an original? If a “knock off” how were they sold at retail originally? What changes or modifications were made to the garments? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc.) If an original design, what is the concept of the designer? Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain. Please provide the following marketing information: Copies of any labels that will be sewn into or tacked onto the garments, especially any that indicate how these garments are intended to be used. Any advertising or advertising mock-ups that will be used for these garments. If nothing is available for this specific style, please provide advertising for similar garments sold in prior seasons. A copy of the section of the catalogue, or a mock-up in which these garments will be sold. If nothing is available for these specific garments, please provide a catalogue showing similar garments sold in prior seasons. Will these items be sold on line? If yes, please provide a copy of the page or pages on which this item will appear. If this is not currently available, please show pages for similar styles in prior seasons. If these styles are to be sold in stores, indicate the department(s) in which they will be sold, and any in-store advertising that will be displayed in proximity to these garments. Often intimate apparel garments are marketed as “loungewear” alongside traditional sleepwear. Does Kroger’s market loungewear? How does the company define that term? Does Kroger’s consider these garments to be loungewear? If you decide to resubmit your request, please include all of the material that we have returned to you (including the samples), and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. We are returning your samples as you requested. The applicable subheading for style 5290 pants and style 5290 shorts will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2 percent 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/. 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