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NY A82286

April 23, 1996

CLA-2-62:RR:NC:WA 360 A82286


TARIFF NO.: 6208.21.0010

Ms. Suzanne B. Barnett
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-0002

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

Dear Ms. Barnett:

In your letter dated April 8, 1996, you requested a classification ruling on behalf of Richard Leeds International, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 64488 is a pair of women's pajamas. The pajama top is constructed from 60 percent cotton and 40 percent polyester knit fabric while the pajama bottom is constructed from 100 percent cotton woven flannel plaid fabric. The pullover pajama top is solid colored and features a round neckline, short sleeves and contrasting knit trim around the sleeves and neck. The garment also has an iron-on type logo and an applique. The applique and a sweat patch located at the rear of the neck feature the same fabric as the bottom. The pajama bottom has short, hemmed leg openings and an elasticized waist.

Women's pajamas are classified in either heading 6108, HTSUSA, or heading 6208, HTSUSA, depending on whether the pajamas are classified as knit or woven. In this case, the submitted sample is both, i.e., the top is knit, the bottom is woven. Thus, following GRI 3(a), headings 6108, HTSUSA, and 6208, HTSUSA, are equally specific and we must look to GRI 3(b) to make an essential character determination.

In determining which component imparts the essential character, we must keep in mind the definition of pajamas. In order to be pajamas, there must be a top garment and a bottom garment. Without either garment, the pajamas do not exist. Therefore, each component is equally important to the creation of the whole, i.e., the pajamas. As each is equally essential, classification must be based upon GRI 3(c) which requires classification under the heading which occurs last in numerical order of the headings which merit equal consideration. As the pajamas may be classified under headings 6108, HTSUSA, based upon the knit cotton top, or 6208, HTSUSA, based upon the woven cotton bottom, and heading 6208, HTSUSA, appears last in numerical order, that is the heading under which the pajamas are classified.

The applicable subheading for the style 64488 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), 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: with two or more colors in the warp and/or the filling. The duty rate will be 9.4 percent ad valorem.

Style 64488 falls within textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and a visa requirement.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 (212) 466-5866.


Roger J. Silvestri

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