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NY A81091

April 30, 1996

CLA-2-62:RR:NC:WA:360 A81091


TARIFF NO.: 6208.21.0010; 6208.91.3010

Ms. Josephine Bifano
J. Crew Group
Import Department
22 Lincoln Place
Garfield, NJ 07026

RE: The tariff classification of women's pajama components from Hong Kong; components sold separately; shipped and entered in unequal amounts

Dear Ms. Bifano:

In your letter dated March 6, 1996, you requested a classification ruling.

Style 82484 is a women's pajama top made from 100 percent cotton corduroy woven fabric. The garment features a shirt-styled collar, long, hemmed sleeves, a full front opening secured by five buttons and a chest pocket.

The merchandise is stated to be, and will be advertised as, "sleepwear". You have submitted sizing specifications for comparable sportswear shirts to contrast with the specs for sleepwear. The submitted garment is more roomy than a regular shirt. Also, you have stated that the fabric used in sleepwear garments was specially designed and differs from the corduroy fabric used in your sportswear line.

The top will be advertised and sold along with coordinated pajama bottoms, style 82494 (long) and 90154 (short). The items will be sold separately; however, they are coordinating matches, giving the consumer the option of choosing a coordinating short or pant. Furthermore, the bottoms and tops will be imported in equal numbers and also separately.

Customs has determined that individual components of a pajama set standing alone are not considered to be pajamas. That is to say, pajama tops imported without their matching pajama bottoms are not classifiable as pajamas.

However, based upon their condition at the time of importation, shipments of equal numbers of matching sleepwear (pajama) tops and sleepwear (pajama) bottoms will be viewed by Customs as shipments of composite goods that form a whole which is not normally sold as separate parts and is commercially known as pajamas. Thus, garments in such shipments will be classified as pajamas of heading 6208, HTSUSA. Please note, that by the terms "matching", Customs is making reference not only to design, style and coloring, but also to size. In regard to sizing, provided the bulk of the shipment consists of garments (tops and bottoms) which are matched as to size, a slight variation in sizing between a limited number of tops and bottoms will not preclude classification as pajamas.

Accordingly, if a shipment consists of extra pieces of either tops or bottoms, those extra pieces may not be classified as pajamas but may still be classifiable in heading 6208, HTSUSA, under the rule of ejusdem generis, i.e., as articles similar to the articles specifically named in the heading.

When imported together in shipments containing equal numbers (pairs) of matching tops and bottoms style 82484, along with the matching bottom garment is classifiable in subheading 6208.21.0020, HTSUSA, which provides for inter alia, women's or girls' nightdresses and pajamas, of cotton: Other: women's. The applicable rate of duty is 9.4 percent ad valorem and the quota category is 351.

When imported separately, or when imported without a matching component, style 82484, is classifiable in subheading 6208.91.3010, HTSUSA, which provides for, inter alia, women's or girls' other sleepwear, of cotton. The applicable rate of duty is 11.8 percent ad valorem and the quota category is 352.

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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