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 > 2002 NY Rulings > NY I81653 - NY I81701 > NY I81693

Previous Ruling Next Ruling
NY I81693




June 7, 2002

CLA-2-62:RR:NC:N3:360 I81693

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Rita Pitts
Dillard's, Inc.
1600 Cantrell
Little Rock, AR 72201

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

Dear Ms. Pitts:

In your letter dated May 15, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style F22JN324 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 pajama bottom is constructed from 83 percent polyester and 17 percent cotton woven fabric. The pajama top is sleeveless and features a scooped neckline, side vents, a hemmed bottom and measures 2 ½ inches at the shoulders. The pajama bottom features an elasticized drawstring waist and long hemmed legs.

Style F22JN326 is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 100 percent and the pajama bottom is constructed from 83 percent polyester and 17 percent cotton woven fabric. The pajama top features long hemmed sleeves, a scooped neckline, side vents and a hemmed bottom. The pajama bottom is identical in styling to the above.

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 these styles will be classified.

The applicable subheading for both styles will be 6208.22.0000, 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 man-made fibers. The rate of duty will be 16.2 percent ad valorem.

Both styles fall within textile category designation 651. 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,

Previous Ruling Next Ruling

See also: