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NY J86020




July 30, 2003

CLA2-RR:NC:N3:360 J86020

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Jennifer McGowan
Movie Star Inc.
1115 Broadway
11th Floor
New York, NY 10010

RE: The tariff classification of women’s knit and woven pajamas from the Philippines

Dear Ms McGowan:

In your undated letter received on July 8, 2003, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 6P2634 is a women’s pajama set consisting of knit and woven components. The sleeveless pajama top is made from 100% nylon knitted fabric. The garment features nonadjustable straps approximately 1 ¼ inches across the shoulder seams, a v neckline and is color coordinated with the bottoms. The garment reaches from the shoulders to below the waist and has a hemmed bottom. The pull-on pajama bottoms are made from 100% polyester woven fabric. The bottoms extend from the waist to the ankles and feature an elasticized covered waist and a hemmed bottom.

Based on the appearance of the style, and the marketing information provided, the garments are considered sleepwear.

Because the pajama components constitute a composite good consisting of both knit and woven fabric components, the fabric that imparts the essential character to the good must be determined. Pajamas by definition consist of two pieces: a top and a bottom garment. Therefore, each component is considered to be equally important in determining the classification. As each is equally essential, classification is 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.

The applicable subheading for style 6P2634 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’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.

Style 6P2634 falls within textile category designation 651. Based upon international textile trade agreements products of the Philippines are currently subject to 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 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.).

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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