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NY J88963




October 29, 2003

CLA-2-62:RR:NC:N3:360 J88963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Krisanne Stecklair
Customs Compliance Specialist
Mother’s Work, Inc.
456 North Fifth Street
Philadelphia, Pa 19123

RE: The tariff classification of women’s pajamas from India

Dear Ms. Stecklair:

In your letter dated September 29, 2003, you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style 1-93673-60 is a pair of women’s pajamas constructed from knit and woven components. The top is made from 100% cotton knitted fabric. The bottoms are made from 100% cotton woven fabric. The top extends to the hips and features narrow, non-adjustable elastic shoulder straps, a keyhole front opening, a shaped bust trimmed in the fabric of the pants, a self-fabric inner shelf bra with an elasticized bottom a hemmed bottom and contrasting colored edging around the arm opening and top edges. The bottom is a pull-on short that features a fully elasticized covered waist with a non-adjustable ribbon trim and hemmed leg openings.

You have indicated that this style will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the marketing information provided, the items are considered sleepwear.

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 style 1-93673-60 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ 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 1-93673-60 falls within textile category designation 351. Based upon international textile trade agreements products of India are subject to quota 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 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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