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NY F80762




December 9, 1999

CLA-2-62:RR:NC:TA:360 F80762

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Jennifer Elam
435 Hudson Street
New York, NY 10014

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

Dear Ms. Elam:

In your letter dated November 23, 1999 you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 08062 is a women’s two piece pajama set consisting of knit and woven components. The upper body garment is a tank top made of 100 percent cotton rib knit fabric. It features shoulder straps that are approximately one-half inch wide, a scoop neckline at the front and rear and rib knit binding around the armholes. The pajama bottoms extend to the ankles and features an elasticized waistband and a drawstring.

You have stated that the garments will be sold as a set and not as separates. You have also submitted information to substantiate your claim that the garments constitute a pajama set and should be classified as such. Based on the appearance of the garments and the advertising submitted, we agree that the garments are classifiable as pajamas.

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 applicable subheading for the pajamas will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven pajamas of cotton. The duty rate will be 9.2 percent ad valorem. In 2000, the duty rate will be 9.1 percent ad valorem.

Style 08062 falls within textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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.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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