CLA-2-62:RR:NC:TA 360 G85204
Ms. Lesa R. Hubbard
Import Customs Analyst
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001
RE: The tariff classification of women’s sleepwear separates from China
Dear Ms. Hubbard:
In your letter dated December 8, 2000, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.
You have indicated in your letter that the following garments are designed, marketed and sold as sleepwear in the catalogue and retail stores.
Style 115-0404 is a woman’s sleepshirt constructed from 100 percent cotton woven fabric. The garment features long sleeves with button cuffs, a collar, one chest pocket, a full front opening secured by eight buttons and a shirttail bottom.
Style 115-0403 is a woman’s pajama pant constructed from 100 percent cotton woven fabric. The pants feature an elasticized drawstring waist and long hemmed legs.
Style 115-0405 is identical in styling and fabrication to the above but with short hemmed legs.
The applicable subheading for style 115-0404 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling . The duty rate will be 9.1 percent ad valorem. Effective January 1, 2001, the rate of duty will remain unchanged.
The applicable subheading for styles 115-0403 and 115-0405 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.5 percent ad valorem. Effective January 1, 2001, the rate of duty will be 11.4 percent ad valorem.
Style 115-0404 falls within textile: of category designation 351 and styles 115-0403 and 115-0405 fall within textile category designation 352. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.
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 212-637-7080.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division