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NY I80533




May 9, 2002

CLA-2-62:RR:NC:N3:360 I80533

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Karen Riggs
Talbots
174 Beal Street
Hingham, MA 02043

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

Dear Ms. Riggs:

In your letter dated April 12, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 25103033 is a pair of women’s pajamas composed of knit and woven components. The upper body garment is constructed from 100 percent cotton ribbed knit and the pants are constructed from 83 percent polyester and 17 cotton woven fabric. The upper body garment features a V-neckline, long sleeves and a straight hemmed bottom. The neckline is trimmed with satin. The pajama bottoms feature an elasticized drawstring waist and long hemmed legs. You have indicated in your letter that upon importation, the pajama pants will have a snowflake print and the pajama top will match the background color of the pants.

Based on the appearance of the garments and the manner in which they will be marketed we agree with your assertion that style 25103033 correctly falls under the classification for women’s sleepwear.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, we must determine which fabric imparts the essential character to the good. 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 25103033 is classified.

The applicable subheading for this product will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s and girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

Style 21503033 falls within textile category designation 651. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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