CLA-2-62:RR:NC:N3:360 I82083
Ms. Cicki Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017
RE: The tariff classification of a woman's woven pajama pant from China
Dear Ms. Wallertz:
In your letter dated May 31, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.
Style F02-06-068 is a woman’s pajama bottom constructed from 100 percent silk woven fabric. The garment features a partially elasticized drawstring waist and long hemmed legs.
You have indicated that the pajama bottom will be sold as part of a “mix and match” sleepwear group. Based on its appearance, the garment is considered to be sleepwear.
If this pajama bottom is imported separately, or without a matching component, the applicable subheading for style F02-06-068 will be 6208.99.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven ...pajamas and similar articles of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste: other. The rate of duty will be 2.4 percent ad valorem.
If this pajama bottom is imported in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6208.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven ...pajamas of other textile materials: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 2.4% ad valorem.
The pajama bottom, imported separately or without a matching component fall within the textile category designation 752; when imported in equal quantities with matching tops, the pajamas fall within the textile category designation 751. Based upon international textile trade agreements products of China are not currently subject to quota restraints or visa requirements.
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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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.
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 Patricia Schiazzano at 646-733-3051.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division