CLA-2-61:RR:NC:WA:361 D81045
Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, N.Y. 10004
RE: The tariff classification of women's pajama separates from Hong Kong.
Dear Ms. Baron:
In your letter dated July 30, 1998, you requested a tariff
classification ruling for women's pajama separates on behalf of Jacques Moret,
Inc. The samples are being returned, as you requested.
Styles TT03 and TT01 are sleepwear coordinates to be imported from Hong
Kong. They are constructed from 100% cotton lightweight rib knit fabric.
Style TT03, the top, is a pullover and features a v-neckline, short sleeves,
and a plain hemmed bottom. Style TT01, the pajama bottoms, are pull-on shorts
with a covered elasticized waistband, a false fly, and a plain, hemmed bottom.
Both the appearance of the garments themselves, and the additional
information you have provided indicate that the garments were designed, and
will be marketed and sold as sleepwear.
When imported together in shipments containing equal numbers (pairs) of
matching pajama tops and bottoms, the applicable subheading for the matching
garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's knit ...pajamas of cotton. The rate of duty
will be 8.8 percent ad valorem.
When imported separately, or when imported without a matching component,
the applicable subheading for the pajama tops and bottoms will be
6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which
provides for women's knit ...pajamas and similar articles of cotton. The rate
of duty will be 8.8 percent ad valorem.
The pajamas, when imported in equal quantities fall within the textile
category designation 351; the pajama separates fall within the textile
category designation 350. Based upon international textile trade agreements,
garments imported from Hong Kong are subject to a visa requirement and quota
restraints.
The designated textile and apparel category may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Since part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current information available,
we suggest that you check, close to the time of shipment, the Status Report On
Current Import Quotas (Restraint Levels), an internal issuance of the U.S.
Customs Service, which is available for inspection at your local Customs
office.
This ruling is being issued under the provisions of Part 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
If you have any questions regarding the ruling, contact National Import
Specialist Angela De Gaetano at 212-466-5540.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division