CLA-2-61:OT:RR:NC:N3:348

Mr. David Blondino
Blondino Enterprises, Inc.
511 Goodwood Dr.
Lutz, FL 33549

RE: The tariff classification of pajamas from Guatemala and/or El Salvador

Dear Mr. Blondino:

In your letter dated May 1, 2021, on behalf of Wuxi Jinmao Trading Co., you requested a tariff classification ruling. The samples are being retained by this office.

Style 301786 is a pair of men's pajamas. The pajamas are constructed from 100 percent cotton, woven fabric that has two or more colors in the warp and/or filling. The pajama top has a full front opening with four button closures; a notched collar; long sleeves with self-fabric cuffs; a patch pocket on the left chest; a self-fabric hanger loop at the inside rear neckline; and a straight, hemmed bottom. The pajama bottom has a tunnel elastic waistband with drawstring; a fly front with a single button closure; and hemmed legs. The pajama top has contrast color piping on the notched collar, the placket and the sleeve cuffs. The pajama top may include one or two chest pockets and the pajama bottom may or may not include side seam pockets.

You state that each style will be imported under one style number as a set (Style 301786) and a separate style number (Style 301773.) in uneven numbers. You also state the garments are intended to be worn as sleepwear, and will be labeled, sold and marketed as such.

The applicable subheading for Style 301786 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: men's or boys' ... nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton: with two or more colors in the warp and/or filling: men's. The duty rate will be 8.9% ad valorem.

The applicable subheading for Style 301773 will be 6207.91.3010, HTSUS, which provides for men's or boys'... singlets and other undershirts, nightshirts and pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other: sleepwear. The rate of duty is 6.1% ad valorem.

In your letter, you also requested classification of men's pajamas constructed from 100% polyester or 55% polyester/45% cotton woven fabric, as well as women's pajamas constructed from 100% cotton, 100% polyester, or 55% polyester/45% cotton woven fabric. Samples were not provided to our office for these garments. We are unable to provide you with the classification for these garments.

If you decide to resubmit your request for these garments, you may resubmit it electronically at https://erulings.cbp.gov/s/.

Please mail the samples to: U.S. Customs and Border Protection, National Commodity Specialist Division, 1 World Trade Center, Suite 51.201 New York, NY 10007 (Attention: NIS 348 Rosemarie Hayward). You may resubmit the ruling request electronically while simultaneously express mailing a sample to this address.

DR-CAFTA Eligibility:

The manufacturing operations are as follows:

The 100% cotton fabric are manufactured in China or unknown country.

The sewing thread is formed and finished in a DR-CAFTA or unknown country

The patch pockets are constructed from fabric manufactured in China

The garment is cut, sewn and assembled in Guatemala and/or El Salvador

The garment will be shipped directly from Guatemala and/or El Salvador to the United States.

General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if-

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and-

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;

and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

As the good contains non-originating materials, it would have to undergo an applicable change in tariff classification in order to meet the requirements of General Note (GN) 29(b)(ii)(A).

On August 7, 2008, The United States Trade Representative published a notice in the Federal Register. The notice established an effective date of August 15, 2008 for the amendments announced in Presidential Proclamation 8213, as modified by Proclamation 8272. Section A of the Annex to Presidential Proclamation 8213 modified the list of apparel items subject to the single transformation rule. Certain enumerated goods are only required to be cut or knit to shape, or both, and sewn or otherwise assembled in the CAFTA-DR beneficiary countries to qualify for preferential treatment. These items are not subject to GN29 Chapter 62 Chapter rules 3, 4 and 5. Annex A lists 6207, HTSUS (for boxers, pajamas or nightwear only) and 6208, HTSUS (for boxers, pajamas or nightwear only) as one of the items eligible for the single transformation rule.

For goods classified in subheadings 6207.21 and 6207.91.30, General Note 29/62.33 requires:

A change to pajamas and sleepwear of subheadings 6207.21 or 6207.22, tariff items 6207.91.30 or 6207.99.85, subheadings 6208.21 or 6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any other chapter, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.

Based on the facts provided, the garments described above do qualify for DR-CAFTA preferential treatment. The garments will therefore be entitled to a free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.

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 Rosemarie Hayward via email at rosemariecasey.hayward@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division

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