CLA-2-61:RR:NC:WA:361 NY I81605

Ms. Jeannine Greener – Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a woman’s pajama top from Singapore or Brunei.

Dear Ms. Greener:

In your letter dated May 7, 2002, you requested a classification ruling for two women’s garments.

The submitted sample, Style #057-0303, is a woman’s pajama top. The top is constructed from 100% cotton knit fabric and features a crew neckline, with a textile bow stitched to the front, long sleeves and a hemmed bottom. You have indicated that the pajama top will be sold as part of a “mix and match” sleepwear group. Based on appearance, the garment is considered sleepwear.

We are returning your sample as you requested.

If this pajama top is imported 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 8.6% ad valorem.

If this pajama top is imported separately, or without a matching component, the applicable subheading for the pajama top 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 8.6% ad valorem.

The pajama tops, when imported in equal quantities with matching bottoms, fall within the textile category designation 351; the pajama tops imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Singapore is subject to 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division