HQ 084105: Classification of cotton pajamas

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                   HQ 084105

                                       July 20, 1989

 CLA-2 CO:R:C:G  084105 HP

 CATEGORY:  Classification

 TARIFF NO.:  6108.31.0010

 Ms. Doreen Wai
 Second Secretary
 Hong Kong Economic & Trade Affairs
 Hong Kong Economic and Trade Office
 British Embassy
 1233 20th Street, N.W., Suite 504
 Washington, DC  20036

 RE:  Classification of cotton pajamas

 Dear Ms. Wai:

     This is in reply to your letter of March 28, 1989, requesting recon
 sideration of NYRL 833091 of December 7, 1988.  Reference your case
 # 2/89, Nordstrom, Inc.

 FACTS:

     On December 7, 1989, the Area Director, New York Seaport, issued
 Nordstrom, Inc., a binding ruling on a women's finely knit 100 percent
 cotton pullover and shorts set from Hong Kong, style #9457P.  The top
 features a rib knit crew neck, short sleeves, and a front, embroidered,
 chest pocket.  The shorts have an elasticized waistband and wide leg
 openings with straight hemmed bottoms.

 ISSUE:

     Whether the set is pajamas under the Harmonized Tariff Schedule of
 the United States Annotated?

 LAW AND ANALYSIS:

     Nordstrom has stated that, but for an open fly front, the instant
 merchandise is identical to the merchandise ruled upon in HRL 083724 of
 May 31, 1989.  This minor difference does not affect classification for
 our purposes.  Therefore, the analysis and conclusion in HRL 083724 is
 incorporated herein and attached hereto.
 HOLDING:

     As a result of the foregoing, the instant merchandise is classified
 under 6108.31.0010, HTSUSA, textile category 351, as women's or girls'
 slips, petticoats, briefs, panties, nightdresses, pajamas, negligees,
 bath
 robes, dressing gowns and similar articles, knitted or crocheted, night
 dresses and pajamas, of cotton, women's.
 The applicable rate of duty is 9 percent ad valorem.

     Due to the changeable nature of the statistical annotation (the
 ninth
 and tenth digits of the classification) and the restraint (quota/visa)
 categories, you should contact your local Customs office prior to
 import
 ing the merchandise to determine the current applicability of any
 import
 restraints or requirements.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division