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NY E88091




November 4, 1999

CLA-2-62:RR:NC:360 E88091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Ms. Ludene Murphree
Gap Inc.
One Harrison Street
San Francisco, CA 94105

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

Dear Ms. Murphree:

In your letter dated October 1, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 696178 is a pair of pajamas composed of knit and woven components. The upper body garment is constructed from 100 percent cotton rib knit fabric and the bottom is constructed from 100 percent cotton woven fabric. The garments are packaged in a woven fabric bag. The upper body garment is tank-styled and features a scoop neckline, elastic trim around the neck and armholes, a hemmed bottom and embroidered hearts on the bodice. The bottom garment features a satin ribbon drawstring and short hemmed legs.

Because the pajamas consist of both knit and woven fabric we must determine which fabric imparts the essential character. Pajamas by definition must consist of two pieces: a top and a bottom garment. Without either garment, the pajamas do not exist. Therefore, each component is considered to be equally important in determining the classification. As each is equally essential, classification must be based upon GRI 3(c), which requires classification under the heading that 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 pajamas will be imported in a bag made of the same woven fabric as the pajama bottom. The bag has a satin drawstring closure. The pajama and the matching bag are sold together at retail and are considered to be a composite good in accordance with GRI 3(b). The pajama lends the essential character to the unit. Accordingly, the carrying bag shall be classified with the pajamas.

Style 696180 is a nightgown constructed from 100 percent cotton woven fabric. The gown features a shaped neckline and decorative trim around the arm openings that extend into adjustable shoulder straps.

The applicable subheading for both styles will be 6208.21.0020, 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: other: women’s. The duty rate will be 9.2 percent ad valorem.

Both styles fall within textile category designation 351. Based upon international textile trade agreements products of Singapore are subject to a visa requirement and are currently not subject to quota restraints.

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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