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NY J83417




May 1, 2003

CLA-2-62:RR:NC:TA:360 J83417

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Terry Mahoney
Sourcing Manager
Johnny Appleseed’s Inc.
30 Tozer Road
Beverly, MA 01915

RE: The tariff classification of women’s woven sleepwear from Macau

Dear Ms. Mahoney:

In your letter dated April 15, 2003 you requested a tariff classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 9700 consists of a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 100 percent polyester knit fleece fabric. The pajama bottom is constructed from 100 percent cotton woven flannel fabric. The solid colored pullover is color coordinated with the pajama bottom and the sweat patch at the back of the neck is of the same fabric as the bottom. It features long sleeves, a rounded neckline, side slits and a hemmed bottom. The pull-on pajama bottom features long, hemmed legs and a fully elasticized waistband.

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 this style will be classified.

The applicable subheading for style 9700 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ 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.

Style 9700 falls within textile category designation 351. Based upon international textile trade agreements products of Macau are 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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