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NY G81487




October 19, 2000

CLA-2-61:RR:NC:WA:361 G81487

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6108.91.0030

Ms. Maria A. Ciervo
Logistics Manager – Private Label
Carole Hochman Designs, Inc.
135 Madison Avenue
New York, NY 10016

RE: The tariff classification of a woman’s three-piece pajama set from Sri Lanka.

Dear Ms. Ciervo:

In your letter dated September 5, 2000, you requested a classification ruling for a woman’s three-piece pajama set. As you have requested, these garments are being returned to you.

Style 939102 is a woman’s three-piece pajama set of 100% cotton lightweight fabric. The three pieces consist of a knit long sleeve cardigan styled top, a knit tank styled top, and a woven pajama bottom. You have indicated that these items will be bought and sold as a three piece set.

The cardigan styled top has a rounded neckline; a full front opening with button closure; long sleeves with a rib knit cuff; and a hemmed bottom. The tank styled top has 2-inch shoulder straps; a u-shaped neckline in front and back; and a hemmed bottom. The pull-on pajama bottoms have a ½ inch partially elasticized waistband with a drawstring; and hemmed leg openings. Based on the appearance of the garments, as well as the manner in which they will be merchandised, they are considered articles of intimate apparel. The tank styled top and pajama bottoms will be classified as pajamas; the cardigan styled top is considered a bed jacket, and classified as a robe.

Because the pajamas (knit tank styled top and woven pants) are made up of both knit and woven fabric, the pajamas are considered a composite good, under the General Rules of Interpretation (GRI) 3. Since both the knit top and woven bottom are equally essential to the pajamas, they are classified under the heading that appears last, 6208, which is the heading for woven pajamas.

The applicable subheading for the pajamas, composed of the knit tank styled pajama top and the woven pajama bottoms of style 939102 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...pajamas: of cotton. The rate of duty will be 9.1 percent ad valorem.

The applicable subheading for the cardigan styled top of style 939102 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobes and similar articles of cotton. The rate of duty will be 8.7 percent ad valorem.

The pajamas, composed of the knit tank styled pajama top and the woven pajama bottoms of style 939102 fall within the textile category designation 351; the cardigan styled top of style 939102 falls within the textile category designation 350. Based upon international textile trade agreements products of 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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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