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NY J89696




October 28, 2003

CLA-2-62:RR:NC:N3:360 J89696

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of women’s pajamas from Hong Kong

Dear Ms. Cheung:

In your letter dated October 9, 2003, you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style FO147BP237 is a pair of women’s pajamas constructed from knit and woven components. The entire front of the top is made from 100% polyester satin woven fabric. The bottoms and back of the top are made from 92% cotton and 8% spandex knitted fabric. The top is a sleeveless, pullover garment that extends to the hips and features a hemmed bottom. The pants extend to the ankles and feature a fully elasticized waist with a functional drawstring covered in the satin fabric of the top. The cuffs are also made from the matching satin fabric. You have indicated that a similarly styled pajama set will be imported in a different color under style 1185BK237.

You have indicated that these styles 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 both styles will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ pajamas, of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

Both styles fall within textile category designation 651. Based upon international textile trade agreements products of Hong Kong 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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