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NY B85583

June 12, 1997

CLA-2-62:RR:NC:TA:360 B85583


TARIFF NO.: 6208.21.0010

Ms. Sandy M. Rickert
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

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

Dear Ms. Rickert

In your letter received on May 13, 1997, you requested a classification ruling on behalf of LTD Commodities Inc. The sample submitted with your request will be returned to you under separate cover.

Style PJX is a pair of pajamas consisting of an upper body garment constructed of 100 percent cotton knit fabric and a woven bottom constructed from 100 percent cotton flannel. The pajama top is a pullover that features short sleeves, a round neckline and a woven heart applique in the center that matches the fabric of the bottoms. The pajama bottoms are boxer-like and feature an elasticized waist and hemmed legs.

Women's pajamas are classified in either heading 6108, HTS, or heading 6208, HTS, depending on whether the pajamas are classified as knit or woven. In this case, the pajamas are both, i.e., the top is knit, the bottom is woven. When dealing with composite goods, as defined in the General Rules of Interpretation (GRI) 2, we must review GRI 3.

According to GRI 3(a), when headings are equally specific as are 6108, HTSUSA, and 6208, HTSUSA, we must look to GRI 3(b). GRI 3(b) states that the classification of composite goods is determined by the component which imparts the essential character of the item. In the case of pajamas, Customs has determined that
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, HTS, or 6208, HTS, and heading 6208, HTSUSA, appears last in numerical order, that is the heading under which the pajamas are classified.

The applicable subheading for style PJX will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls'...nightdresses, pajamas...: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.3 percent ad valorem.

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

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.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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