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NY J84089





June 12, 2003

CLA-2-62:RR:NC:N3:360 J84089

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000, 6108.91.0030, 6208.92.0030

Bruce D. Roberts
Vice President
MIF
1801 NW 82 Ave
Miami, FL 33126-1013

RE: The tariff classification of women's mix and match sleepwear components from China; components sold separately; shipped and entered in equal and/or unequal amounts

Dear Mr. Roberts:

In your letter dated May 9, 2003, you requested a classification ruling on behalf of Milco Industries, Inc. The samples submitted with your request will be returned to you under separate cover.

Style 2B740CPA is a pair of women’s woven sleep pants made from brushback satin fabric of 83% polyester and 17% cotton. The garment features long hemmed legs and a covered elasticized waistband with a mock drawstring.

Style 3A720T is a women’s thermal sleepwear top made from knitted fabric of 60% cotton and 40% polyester. The pullover features long sleeves, a rounded neckline and a kangaroo pocket on the front panel. The neck, pocket and sleeves are trimmed with satin fabric.

Style 2K721T is a women’s thermal sleepwear top made from knitted fabric of 60% cotton and 40% polyester. The garment features a full-front buttoned opening, long sleeves and a mandarin collar. The collar, placket, buttons and sleeves are trimmed with satin fabric.

You have indicated that the garments will be sold at retail as part of a “mix and match” sleepwear group. Each of the garments contains a label identifying it as sleepwear. Based on the appearance of the goods and the manner in which they will be marketed we agree that they are classifiable as sleepwear. In addition, in a telephone conversation you advised that although the coordinating pieces are available for individual sale, the coordinating garments would be imported in the same shipment with the number of pants exceeding the total number of tops.

There are two classification issues involved: Whether the mix and match components are classifiable as pajamas under either heading 6108/6208, HTS, and how pajamas consisting of knit and woven separates are classified.

Customs has determined that individual components of a pajama set standing alone are not considered to be pajamas for tariff purposes. However, based upon their condition at the time of importation, shipments of equal numbers of matching sleepwear (pajama) tops and sleepwear (pajama) bottoms will be viewed by Customs as shipments of composite goods that form a whole which is not normally sold as separate parts and is commercially known as pajamas. Thus, garments in such shipments will be classified as pajamas under heading 6108, HTSUSA, if knit, or heading 6208, HTSUSA if woven. 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. Accordingly, if a shipment consists of extra pieces, in this case of bottoms, those extra pieces may not be classified as pajamas but may still be classifiable in headings 6208, HTS, as articles similar to the articles specifically named in the heading.

Because the pajama components 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 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 pajamas will be classified.

When imported together in shipments containing equal numbers of matching pajama tops and bottoms, the applicable subheading for the pajamas will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ woven pajamas of man-made fibers. The duty rate will be 16.1 percent ad valorem.

If the pajama tops are imported separately, or imported without a matching component or in unequal quantities, the applicable subheading for the pajama tops will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of cotton. The duty rate will be 8.6 percent ad valorem.

If the pajama bottoms are imported separately, or imported without a matching component or in unequal quantities, the applicable subheading for the pajama bottoms will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ wovenpajamas and similar articles of man-made fibers. The duty rate will be 16.1 percent ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 651; the knitted pajama tops imported separately or without a matching component or in unequal quantities fall within the textile category designation 350; the woven pajama bottoms imported separately or without a matching component or unequal quantities fall within textile category designation 652. Based upon international textile trade agreements, category 651 and 652 from China is subject to a visa requirement and quota restraints.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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