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NY F87703




June 15, 2000

CLA-2-62:RR:NC:360 F87703

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Ms. Aliza Librach
435 Hudson Street
New York, NY 10014

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

Dear Ms. Librach:

In your letter dated May 24, 2000, you requested a classification ruling.

The submitted sample, style 08070, consists of knit and woven garments that you claim to be pajama components. The upper body garment is a sleeveless pullover constructed from 100 percent cotton knitted fabric and features a scooped neckline and a hemmed bottom. The top has a flower screen print that matches the design found on the pants. The pants are constructed from 100 percent cotton woven printed fabric and feature an elasticized drawstring waist and long legs.

You have submitted advertising to show how the garments will be merchandised. Based on the appearance of the garments as well as the manner in which they will be advertised, they are considered to be 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 style 08070 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: other: women’s. The duty rate will be 9.1 percent ad valorem.

Style 08070 falls 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 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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