CLA-2-62:RR:NC:WA:355 G88555

Mr. R.I. Hasson
Alba Wheels Up International, Inc.
One Exchange Place, Suite 904
Jersey City, NJ 07302-3911

RE: The tariff classification of men’s pajamas from Turkey and Pakistan.

Dear Mr. Hasson:

In your letter dated March 22, 2001, you requested a classification ruling on behalf of Allegiance Apparel, Inc.

Two samples of men’s 100 percent cotton woven pajamas were submitted. Style GB3003T is stated to be made in Turkey. Style BG6501 is stated to be made in Pakistan. Both style feature short-sleeved shirt styled tops and short-legged (shorts) bottoms, and the fabric for the tops is identical to the fabric of the bottoms. For both styles, the bottom portion features a covered elasticized waistband with a drawstring, two side slash pockets, and an exposed one-button fly. The top of style GB3003T features a notched collar, a full frontal opening with five buttons, short sleeves, two side vents and a right breast pocket with a button closure. The top of style GB6501 features a notched collar, a full frontal opening with five buttons, two front patch pockets located at the bottom portion of the garment, and side vents. Each pajama set was presented folded together, (the shirt encompassing the shorts), in a cellophane bag which has a resealable adhesive closure and a cardboard advertising strip encircling the pajamas. The ad copy on the cardboard states “Geoffrey Beene Pajama Sets” and has a sketch drawing of the shirt and shorts. We assume this is the way the sets will be presented for retail sale.

The applicable subheading for style GB3003T will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ 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.

The applicable subheading for style GB6501 will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts and pajamas, of cotton, other, men’s. The duty rate will be 9.1 percent ad valorem.

Styles GB3003T and GB6501 fall within textile category designation 351. Based upon international textile trade agreements products of both Turkey and Pakistan are subject to quota and the requirement of 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division