CLA-2-62:RR:NC:WA 360 A82719
Mr. Dennis Tolentino
Vital Intl. Freight Services, Inc.
1926 E. Maple Avenue
P.O. Box 577
El Segundo, CA 90245-0577
RE: The tariff classification of women's pajamas and booties from Hong Kong
Dear Mr. Tolentino:
In your letter dated April 18, 1996, you requested a classification ruling
on behalf of Maurices. The sample submitted with your request will be returned
to you under separate cover.
Style M3-310 consists of a pair of pajamas and slippers in matching 100
percent cotton flannel woven fabric. The pajamas feature a pullover top with a
round neckline, long sleeves and two pockets at the waist. The neckline,
sleeves and bottom are trimmed with cotton knit fabric. The bottoms have long
legs, an elasticized waist and cotton knit trim at the ankles. The booties are
of the slip-on type with an outer sole made of PVC and the upper is made of 100
percent cotton. The bootie extends just above the ankle and is elasticized at
the ankle.
Although you have referred to these articles as a set, the pajamas and
booties are separately classified. In order to qualify as a set, each portion
must be: "put up together to meet a particular need or carry out a specific
activity" [Explanatory Notes, General Rules of Interpretation (GRI)3, p. 4].
Since the use of pajamas has been defined as articles designed and used for
sleeping, this activity is obviously not the same as for the booties.
The applicable subheading for the pajamas 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 9.4 percent ad valorem.
The applicable subheading for the booties will be 6404.19.3560, Harmonized
Tariff Schedule of the United States (HTS), which provides for footwear with
outer soles of rubber, plastics, leather or composition leather and uppers of
textile materials: footwear with outer soles of rubber or plastics: other:
other: other: for women. The duty rate will be 37.5 percent ad valorem.
The pajamas fall within textile category designation 351.
Based upon international textile trade agreements products of Hong Kong are
subject to quota restraints and a visa requirement. The booties are currently
not subject to quota restraint or a visa requirement.
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. Part categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To obtain the most
current information available, we suggest that you check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for inspection
at your local Customs office.
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) 466 - 5866.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division