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May 12, 1999

CLA-2-62:RR:NC:360 E80260

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6108.32.0010

Ms. Carmen De Assis
Movie Star, Inc.
136 Madison Avenue
New York, NY 10016

RE: The tariff classification of women’s sleepwear from Mexico

Dear Ms. Assis:

In your letter dated April 9, 1999, you requested a classification ruling. The samples will be retained by this office.

Two styles of women’s sleepwear garments were submitted with your request. Each style consists of two components and is identified by two style numbers. Both garments will be imported on the same hanger and will be displayed that way.

Style 650670 T/650670 B is a woman’s two-piece pajama. The top is constructed from 100 percent nylon knit lace fabric and the coordinating panty is constructed from 100 percent polyester. The top features spaghetti straps, a decorative lace trim at the neck and a shirttail bottom with a scalloped hem. The bottom features an elasticized waist and leg openings. The front and back panels are joined together by the elastic waist.

Style 650585 T/650585 B is a woman’s two-piece pajama. The top is constructed from 100 percent nylon knit lace fabric and the bottom is constructed from 100 percent polyester woven fabric. The top features spaghetti straps, a V-neckline and elasticized arm openings and top back edge. The bottom is styled as a tap pant and has an elasticized waist and short, wide leg openings.

You have stated that these components are treated as a unit (pajamas) from importation to sale. Because style 650585 T/650585 B consists of a knit top and a woven bottom we must determine which component imparts the essential character. Each component of a pajama 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. Heading 6208, HTS, appears last in numerical order, that is the heading under which the pajamas are classified.

The applicable subheading for styles 650670 T/650670 B will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: nightdresses and pajamas: of man-made fibers: women’s. The general duty rate will be 16.5 percent ad valorem.

The applicable subheading for styles 650585 B/650585 B will be 6208.22.0000, 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 man-made fibers. The general duty rate will be 16.5 percent ad valorem.

All styles fall within textile category designation 651. Based upon international textile trade agreements products of Mexico are currently not subject to quota restraints or to a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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