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NY D82185




October 8, 1998

CLA-2-62:RR:NC:TA:360 D82185

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of women's pajamas from Hong Kong

Dear Mr. Lynch:

In your letter dated September 8, 1998, you requested a classification ruling on behalf of Bradlees Inc. The sample submitted with your request will be returned to you under separate cover.

Style MR311 is a pair of women's pajamas consisting of a knitted upper body garment constructed from 100 percent cotton jersey fabric and a woven bottom constructed from 100 percent cotton yarn dyed fabric. The pullover pajama top features short sleeves, a scoop neckline with a bow in the center and picot trim around the neckline and sleeve ends. The pull-on pajama bottoms extend to the ankles and feature an elasticized waist with a drawstring and trim around the hem.

The pajamas will be imported on one hanger with a hang tag that states "2 piece set". You have stated that the garments will be sold as a set and not as separates. In addition, there is a sewn-in label on both pieces which states "Rebecca Lynn Intimates." You have also submitted information to substantiate your claim that the garments constitute a pajama set and should be classified as such.

The remaining issue is whether the pajamas should be classified as knit pajamas in heading 6108, HTS or as woven pajamas in heading 6208, HTS. In this case, the pajamas are both, i.e., the top is knit and the bottom is woven. When dealing with composite goods, as defined in the General Rules of Interpretation (GRI) 2, we must review GRI 3.

According to GRI 3(a), when headings are equally specific as are 6108, HTS, and 6208, HTS, we must look to GRI 3(b). GRI 3(b) states that the classification of composite goods is determined by the component which imparts the essential character of the item. In the case of pajamas, Customs has determined that each component is equally important to the creation of the whole, i.e., the pajamas. As each is equally essential, classification must be based upon GRI 3(c) which requires classification under the heading which occurs last in numerical order of the headings which merit equal consideration. As the pajamas may be classified under headings 6108, HTS, or 6208, HTS, and heading 6208, HTS, appears last in numerical order, that is the heading under which the pajamas are classified.

The applicable subheading for style MR311 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls'...nightdresses, pajamas...: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.3 percent ad valorem.

Style MR311 falls within textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

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,

Robert B. Swierupski
Director,

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