United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G81711 - NY G81753 > NY G81746

Previous Ruling Next Ruling
NY G81746





October 20, 2000

CLA-2-62:RR:NC:TA 360 G81746

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Mr. Joseph J. Mazzola
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of a pair of maternity pajamas from Turkey

Dear Mr. Mazzola:

In your letter dated September 20, 2000, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 93310 is a pair of maternity pajamas composed of knit and woven components. The upper body garment is constructed from 100 percent cotton knit fabric and the bottom is constructed from 100 percent cotton woven fabric. The upper body garment is sleeveless and features a scooped neckline, a partial front opening secured by five buttons, side vents and decorative trim around the neck. The bottom garment features an elasticized waist, capri-length legs with decorative trim around the bottom.

Because the pajamas consist of two components, a knit top and a woven bottom, an essential character determination is required. Pajamas by definition must consist of two pieces: a top and a bottom garment. Without either garment, the commercial entity "pajamas" does not exist. Each component therefore is considered to be equally important in determining the classification. As each is equally essential, classification is based upon General Rule of Interpretation 3(c) which requires classification under the heading which 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 93310 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 9.1 percent ad valorem.

Style 93310 falls within textile category designation 351. Based upon international textile trade agreements products of Turkey 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,

Previous Ruling Next Ruling

See also: