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NY I85600




September 20, 2002

CLA-2-61:RR: NC:WA:361 NY I85600

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6208.21.0010

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s pajamas and nightgowns from Hong Kong and Lesotho.

Dear Mr. Garrett:

In your letter dated August 22, 2002, you requested a classification ruling.

The submitted samples are described as follows:

Style #PC3A038S - a woman’s nightgown constructed from 100% cotton knit fabric. The garment extends above the knee and features a v-neckline, short sleeves, and a full front opening with a six-button closure. The nightgown also has a front left chest pocket with an embroidered flower design, a textile bow sewn at the beginning of the full front opening, and a hemmed bottom. The garment also has ric-rac edging around the neckline, sleeves, pocket and down the full front opening.

Based on the appearance of the garment, as well as the information you submitted concerning the design and marketing of this item, the garment is considered sleepwear, classified in heading 6108.

Style #PC3A010H – a pair of women’s pajamas consisting of a top and pants constructed from lightweight 80% cotton, 20% polyester knit fabric. The top of Style PC3A010H features a hood, long sleeves, a full front opening with a zipper closure, kangaroo pockets at the waist, and a tubular knit bottom. The pull-on bottom features an elasticized drawstring waist, and hemmed leg openings.

You have indicated that this style will be produced and sold at retail as a set.

Based on the appearance of the garment, as well as the information you submitted concerning the design and marketing of this item, the garment is considered sleepwear, classified in heading 6108.

Style #PC3A010S- a two–piece pajama set consisting of a top constructed from 100% cotton knit fabric, with woven trim around the sleeves and neckline, and a bottom constructed from 100% cotton woven fabric. The top of Style PC3A010S features a v-neckline, a shirt style collar, a woven front chest pocket, long sleeves with side slits, and a hemmed bottom. The pull-on bottom features an elasticized waist, and hemmed leg openings with side slits.

The pajamas consist of knit and woven fabric components. According to GRI 3(a), when headings are equally specific as are 6108, HTS, and 6208, HTS, we must look to GRI 3(b). GRI 3(b) states that the classification of composite goods is determined by the component which imparts the essential character of the item. In the case of pajamas, Customs has determined that each component is equally important to the creation of the whole, i.e., the pajamas. As each is equally essential, classification must be based upon GRI 3(c) which requires classification under the heading which 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 the pajamas are classified.

We are returning your samples as you requested.

The applicable subheading for Style # PC3A038S, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Style #PC3A038S, falls within textile category designation 351. Based upon international textile trade agreements this category, from Hong Kong is subject to quota restraints, and visa requirements.

The applicable subheading for Style # PC3A010H, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Style #PC3A010H, falls within textile category designation 351. Based upon international textile trade agreements this category, from Lesotho is subject to quota restraints, but not subject to visa requirements. The applicable subheading for Style # PC3A010S, will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton, women’s. The rate of duty will be 9% ad valorem.

Style #PC3A010S, falls within textile category designation 351. Based upon international textile trade agreements this category, from Hong Kong is subject to quota restraints, and visa requirements.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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