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NY H80778




June 18, 2001

CLA-2-62:RR:NC:TA 360 H80778

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Mr. Robert F. Domey
Regional Compliance Manager
Fritz Companies, Inc.
100 Walnut Street
Door 20
P.O. Box 2874
Champlain, NY 12919

RE: The tariff classification of women’s pajamas from China or Malaysia

Dear Mr. Domey:

In your letter dated May 16, 2001, you requested a classification ruling on behalf of Adorable Lingerie Inc. The sample submitted with your request will be returned to you under separate cover.

Style 3695 is a pair of women’s pajamas constructed from knit and woven components. The pajama top is constructed from 100 percent cotton ribbed knit fabric and the pajama pants are constructed from 100 percent cotton woven printed fabric. The pullover pajama top features a rounded neckline, long sleeves, a screen printed design beneath the neck opening that matches the print of the pants and lettuce edging at the bottom and at the sleeve ends. The pull-on pajama pants feature a covered elasticized waist with a drawstring and long hemmed legs.

You also referenced another style number 3689 but did not submit a sample. This ruling pertains to the submitted sample only.

You have indicated that these garments will be sold as a set in the sleepwear department of retail stores. Based both on the appearance of the garments, as well as the manner in which they will be merchandised, these items are considered sleepwear.

Because the pajamas are made up of both knit and woven fabric, the pajamas are considered to be a composite good, under the General Rules of Interpretation (GRI) 3. 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 style 3695 is classified.

The applicable subheading for style 3695 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ pajamas of cotton. The duty rate will be 9.1 percent ad valorem.

Style 3695 falls within textile category designation 351. Based upon international textile trade agreements products of China or Malaysia 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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