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NY I80794




May 9, 2002

CLA-2-62:RR:NC:N3:360 I80794

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Mr. G.S. Middleton
L.L. Bean, Inc.
Freeport, ME 04033

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

Dear Mr. Middleton:

In your letter dated April 18, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style UG60 is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 100 percent cotton knit fabric and the bottoms are constructed from 100 percent cotton flannel woven fabric. The pajama top features a boat neckline, long sleeves and a straight hemmed bottom. The neckline, sleeves and bottom have decorative stitching and there is a printed snowflake design just below the neck. The pajama bottom features a partially elasticized drawstring waist and long hemmed legs.

Based on the appearance of the garments and the manner in which they will be marketed we agree with your assertion that style UG60 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 UG60 is classified.

The applicable subheading for style UG60 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 rate of duty will be 9 percent ad valorem.

Style UG60 falls within textile category designation 351. Based upon international textile trade agreements products of China 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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