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NY K84738




April 29, 2004
CLA-2-62:RR:NC:N3:360 K84738

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Robert T. Stack
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10036-8901

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

Dear Mr. Stack:

In your letter dated April 7, 2004, on behalf of Bentley Kids LLC, you requested a classification ruling. The submitted sample will be returned as requested.

Style BT4582 is a women’s two piece pajama set consisting of knit and woven components. The pajama top is composed of 62% polyester, 33% rayon and 5% spandex knitted fabric and the pajama bottom is composed of 100% polyester woven fabric. The solid colored sleeveless knitted top features a rounded neck with a two-inch asymmetrical opening with two buttons for closure and oversized armholes. The neck and arm openings are trimmed with woven satin fabric. The long pajama bottom is a color coordinated woven check print with solid colored satin trim at the ankles. The flat waistband is also of solid satin trim complementing the trim of the top and ankles. The waistband extends approximately one foot from the side of the pajamas, forming ties used to hold up the garment. The bottom also features a side opening with a button closure at the very top, right below the waistband. Your client also intends to import a similarly styled pajama set under style BT4581, differing only in color.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, and in this case each component is considered 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 this style will be classified.

You have indicated that the pajamas will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the manner in which it will they be merchandised and sold, they are considered sleepwear and classified in heading 6208, HTS.

The applicable subheading for style BT4582 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses and pajamas: of man-made fibers. The rate of duty will be 16 percent ad valorem.

Style BT4582 falls within textile category designation 651. Based upon international textile trade agreements, products of Hong Kong 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 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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