CLA-2-62:RR:NC:WA:355 F82885
Ms. Ludene Murphree
Gap, Inc.
One Harrison Street
San Francisco, CA 94105
RE: The tariff classification of pajamas and sleep separates; tops, shorts and long bottoms from Macau
Dear Ms. Murphree:
This letter replaces NY F80689 dated December 28, 1999, which contained pre-production samples which have been changed in construction. You have submitted new samples of different construction, but you are using the same style numbers. You have also provided detailed information on the importation and planned marketing of the merchandise.
Nine articles of men’s apparel have been submitted; three sleep tops, three long pants and three shorts. You bundled them together so that there are three packets, each consisting of a top, shorts and pants, each packet consisting of items all in the same fabric and color. You request classification of the tops, pants and shorts as sleep separates.
Classification of men’s apparel as sleepwear is predicated, in part, by the manner in which they are imported and by the manner in which they are marketed and offered for sale.
The samples you have submitted are as follows:
White linen – style 773045 is described as a sleep top. It features a narrow lapel collar, a four button front opening, one breast pocket and long sleeves with faux shirt cuffs. The shirt bottom is finished in the traditional curvilinear rounded style or men’s shirts, with side vents; it is hemmed in a traditional shirt style hem. Style 773046 features long hemmed pants. The back half of the fully covered waistband is elasticized; the front portion of the waistband has an operational drawstring which only extends to the side seams. There is a one button covered fly. There are no pockets. Style 770347 is identical to the pants except that it is shorts, and the hem of the leg opening features side vents. All of the above are made of 100 percent linen fiber.
Solid blue – style 773048 is the top, style 773049 is the long pants and style 773050 is the shorts. The are made of 100 percent cotton. They are identical to the shape and design of the white linen items.
Gingham check – style 773051 is the top, style 773052 is the long leg pant and style 773053 is the shorts. They are made of 100 percent cotton and are identical to the above styles.
In a telephone conversation, you stated that these tops, pants and shorts will be offered for sale in the Banana Republic stores on racks which will be in very close proximity to each other, in an area of the store which will feature intimate apparel. The tops and bottoms will not be packaged together as pajamas “sets” (top and bottom), but they will be marketed and sold as coordinated sleepwear, to mix and match or to be purchased as separates.
The manner of importation will affect the classification. Matching quantities of tops and bottoms, imported together, will be treated as pajama sets (top and bottom) for classification purposes. Any residual balance of either tops or bottoms of that shipment will be treated as sleep separates. (Headquarters letter 956202, dated September 29, 1994, noted.)
When imported together in shipments containing matching equal numbers of styles 773048 and 773049, or styles 773048 and 773050, these garments will be classified in subheading 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s nightshirts and pajamas, of cotton other, men’s. The duty rate will be 9.1 percent ad valorem.
When imported together in shipments containing matching equal numbers of styles 773051 and 773052, or styles 773051 and 773053, these garments will be classified in subheading 6207.21.0010, HTS, which provides for men’s nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9.1 percent ad valorem.
When imported separately, the applicable subheading for styles 773048, 773049, 773050, 773051, 773052, and 773053 will be 6207.91.3010, HTS, which provides for men’s or boys’ nightshirts, pajamas and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.
When imported together in shipments containing matching equal numbers of styles 773045 and 773046, or 773045 and 773047, these garments will be classified in subheading 6207.29.9030, HTS, which provides for men’s or boys nightshirts and pajamas, of other textile materials, other, other. The duty rate will be 7.3 percent ad valorem.
When imported separately, the applicable subheading for styles 773045, 773046, and 773047 will be 6207.99.9040, HTS, which provides for men’s or boys’ nightshirts, pajamas and similar articles, other, of other textile materials, other, other. The duty rate will be 7.3 percent ad valorem.
Styles 773048, 773049, 773050, 773051, 773052, and 773053, whether imported together as pajamas or separately as coordinates, fall within textile category designation 351. Based upon international textile trade agreements products of Macau are subject to quota and the requirement of a visa.
Styles 773045, 773046, and 773047, when imported in matching sets of pajamas, fall within textile category designation 851. Based upon international textile trade agreements products of Macau are subject to quota and the requirement of a visa.
Styles 773045, 773046, and 773047, when imported separately, fall within textile category designation 852. Based upon international textile trade agreements products of Macau require a visa.
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 355 at 212-637-7082.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division