CLA-2-61:RR:NC:WA:361 G89025
Ms. Anissa Hui
Product Coordinator
ISDA & Co.
20 south Park
San Francisco, CA 94107
RE: The tariff classification of women’s knit pajamas and robe from Hong Kong or China.
Dear Ms. Hui:
In your letter dated April 2, 2001, you requested a classification ruling for women’s knit pajamas and a robe. The samples are being returned, as you requested.
Style 3132A11 is a pair of woman’s pajamas constructed from 100% cotton rib knit fabric. The pullover styled pajama top has a rounded neckline; long sleeves; and a hemmed bottom with side slits. The pajama pants have an elasticized waistband with a drawstring; and hemmed leg openings. The pajamas will be imported in, and sold with a drawstring carrying bag. These garments have been designed and will be marketed as sleepwear.
Style 3132V55 is a woman’s wrap robe constructed from 100% wool knit fabric. The robe has a full front opening; a self fabric belt; long sleeves; patch pockets at the hip area; and a tubular knit finish at the bottom. The robe will be imported in, and sold with a drawstring carrying bag.
The pajamas and carrying bag, as well as the robe, belt and carrying bag, are considered composite goods in accordance with General Rules of Interpretation 3(b). The essential character in each case is provided by the garment, therefore, the pajamas and the carrying bag will be classified under the HTS number for the pajamas; the robe, belt and carrying bag will be classified under the HTS number for the robe.
The applicable subheading for style 3132A11 (pajamas and carrying bag) 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 percent ad valorem.
The applicable subheading for style 3132V55 (robe, belt and carrying bag) will be 6108.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit robes of wool. The rate of duty will be 11 percent ad valorem.
Style 3132A11 (pajamas and carrying bag) falls within the textile category designation 351; style 3132V55 (robe, belt and carrying bag) falls within textile category designation 459. Based upon international textile trade agreements, garments imported from Hong Kong and China are subject to a visa requirement and quota restraints.
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 212-637-7029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division