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NY M86601




October 11, 2006

CLA-2-62:RR:NC:TA:360 M86601

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Ms. Daniela Caliari
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of women’s maternity pajamas from Egypt

Dear Ms. Caliari:

In your letter dated September 19, 2006, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 1-94622-66 is a pair of women’s maternity pajamas. The pajama top is constructed from 100 percent cotton knit fabric and the pajama bottom is constructed from 100 percent cotton woven fabric. The pajama top features long sleeves, a V-neckline and an empire waist. The pajama bottom features an elasticized drawstring waist and long hemmed legs.

Because the pajamas are made up of both knit and woven fabric, the pajamas are considered to be a composite good, under General Rules of Interpretation (GRI) 3. Pajamas by definition must consist of two pieces: a top and a bottom garment. Without either garment, the pajamas do not exist. Therefore, each component is considered 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 heading 6108, HTSUS, or 6208, HTSUS, and heading 6208, HTSUS appears last in numerical order, that is the heading under which style 1-94622-66 is classified.

The applicable subheading for style 1-94622-66 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The duty rate will be 8.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 1-94622-66 falls within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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