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NY F84888




April 26, 2000

CLA-2-62:RR:NC:TA:360 F84888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.3010; 6108.92.0030

Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of women's woven pajamas and sleep separates from Korea, Hong Kong, Turkey or Sri Lanka

Dear Ms. Baron:

In your letter dated March 21, 2000, received by this office on March 31, 2000 you requested a classification ruling on behalf of DKNY Underwear, a division of Wacoal America, Inc. The samples submitted with your request will be returned to you under separate cover.

Style 411097 is a pair of women's pajamas made from 100 percent cotton flannel fabric. The top features a full front opening secured by four buttons, a notched collar, a chest patch pocket, long sleeves with applied cuffs and a straight hemmed bottom. There is a small label bearing the DKNY logo sewn above the last button. The matching bottom extends to the ankles and features an elasticized waistband with a drawstring closure and hemmed leg openings. There is a small label with the DKNY logo on the left side below the waistband.

Style 416099 is a pair of women's pajama bottoms made from 100 percent cotton flannel fabric. The long pants are hemmed and feature a drawstring waistband and a rear patch pocket. There are two belt loops on the front of the garment; one loop contains the DKNY logo.

Style 411026 is a pair of women's pajamas consisting of knitted and woven components. The knitted pullover top is made from 100 percent polyester fleece and features long sleeves, a scoop neckline, a patch pocket on the arm that bears a small label with the DKNY logo and top stitching along the neckline, sleeve openings and bottom. The woven bottom is made from 100 percent cotton flannel fabric and features an elasticized waist with a drawstring closure and long hemmed legs. There is a small label with the DKNY logo on the left side below the waist.

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.

You have stated that these components will be imported under one style number as a set; but also may be imported separately using the following style numbers: the knitted top as style 411096; the woven bottom as style 416097.

The applicable subheading for styles 411097 and 411026 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven pajamas, of cotton with two or more colors in the warp and/or the filling. The duty rate will be 9.1 percent ad valorem.

The applicable subheading for the 416099 and 416097 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's woven sleepwear separates of cotton. The duty rate will be 11.5 percent ad valorem.

The applicable subheading for the 411096 will be 6108. 92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted sleepwear separates of man-made fibers. The duty rate will be 6.4 percent ad valorem.

Styles 411097 and 411026 fall within textile category designation 351; styles 416099 and 416097 fall within textile category designation 352 and style 411096 falls within textile category designation 650. Based upon international textile trade agreements products of Korea, Hong Kong, Turkey or Sri Lanka 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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