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NY I82012




June 7, 2002

CLA-2-62:RR:NC:N3:360 I82012

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Mr. Jim McDermott
Charming Shoppes, Inc.
450 Winks Lane
Bensalem, PA 19020

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

Dear Mr. McDermott:

In your letter dated May 22, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 319-412531/532 consists of 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 100 percent cotton flannel woven fabric. The pullover pajama top features a scooped neckline, short sleeves and a hemmed bottom. The pajama bottom features an elasticized waist and long hemmed legs. You have stated in your letter that these garments will be packaged together and sold together as a set.

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 319-412531/532 will be classified.

The applicable subheading for style 319-412531/532 will be 6208.21.0010, 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: with two or more colors in the warp and/or the filling. The rate of duty will be 9 percent ad valorem.

The pajamas fall within textile category designation 351. Based upon international textile trade agreements products of India 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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