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NY I89885




February 14, 2003

CLA-2-62:RR:NC:N3:360 I89885

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.22.0000

Ms. Barbara Clausen
FedEx Trade Networks
Transport & Brokerage, Inc.
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of women's sleepwear from China and India.

Dear Ms. Clausen:

In your letter dated January 13, 2003, you requested a tariff classification ruling on behalf of La Senza Distribution, Inc. The samples submitted with your request will be returned to you under separate cover.

Style 30410-80080 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 bottom is constructed from 83 percent polyester and 17 percent cotton woven fabric. The pajama top features long bell sleeves with scalloped hems, a round neckline, and a scalloped hem. The bodice and upper sleeves are embellished with appliques. The pajama bottom features a partially elasticized drawstring waist and long hemmed legs.

Style 30410-0340 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 bottom is constructed from 100 percent polyester woven fabric. The pajama top features a scooped neckline, adjustable spaghetti straps, side vents and a straight hemmed bottom. The straps and top edge trim are of the woven component. The pajama bottom features a partially elasticized drawstring waist and long hemmed legs.

Style 30410-0067 is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 95 percent cotton and 5 percent spandex knit fabric and the pajama bottom is constructed from 100 percent polyester woven fabric. The pajama top features a modified V-neckline, adjustable shoulder straps and interior support. The pajama bottom features a partially elasticized drawstring waist and long hemmed legs.

Style 30441-0154 is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 95 percent cotton and 5 percent spandex knit fabric and the pajama bottom is constructed from 100 percent cotton woven fabric. The pajama top identical in styling the above but without the interior support. The top has an applique on the bodice. The pajama bottom features a partially elasticized drawstring waist and long hemmed legs.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, and each component is considered 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 styles 30410-0080, 30410-0340 and 30410-0067 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 16.1 percent ad valorem.

The applicable subheading for style 30441-0154 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. The l rate of duty will be 9 percent ad valorem.

Styles 30410-0080, 30410-0340 and 30441-0067 fall within textile category designation 651 and style 30441-0154 falls within textile category designation 351. Based upon international textile trade agreements products of China and 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.

In your letter you made reference to importing sleepwear tops and bottoms in different sizes. Classification of goods is based upon their condition as imported. If imported in equal numbers of matching tops and bottoms in the same shipment, the classification, rate of duty and textile category designations remain as above. Please note that by the term “matching”, Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size, a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas. If, however, the tops and bottoms are imported separately, or in unequal numbers or sizes, they cannot be classified as pajamas in their condition as imported. If a shipment contains extra pieces of either component, those individual pieces may not be classified as pajamas. In these situations, the garments may still be classifiable in heading 6208, HTS, as articles similar to the articles specifically named in the heading. The rate of duty and the textile category designation will change however.

This ruling is based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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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