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NY A82719


May 17, 1996

CLA-2-62:RR:NC:WA 360 A82719

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6404.19.3560

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,


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