CLA-2-61:OT:RR:NC:TA:361
Mr. Jerry Armani
Mamiye Brothers, Inc.
112 West 34th Street, Suite 1000
New York, NY 10120-0018
RE: The tariff classification of a pair of women’s pajamas from China.
Dear Mr. Armani:
In your letter dated October 28, 2008, you requested a classification ruling.
The submitted sample, Style XX92245, is a woman’s knit pajama set constructed from 60% cotton and 40% polyester waffle weave knit fabric. The set is composed of a tank style top and shorts. The tank style top of Style XX92245 features a U-shaped neckline in front, an all-over screen-printed design, and a hemmed bottom. The shorts of Style XX92245 features a flat waistband and short hemmed leg openings.
Based on appearance as well as the merchandising information provided, the top and shorts are considered sleepwear and classified in heading 6108.
Your samples are being returned.
The applicable subheading for the pajama set, Style XX92245, 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.
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 set, Style XX92245, falls within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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