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NY F86589

May 25, 2000

CLA-2-62:RR:NC:TA 360 F86589


TARIFF NO.: 6208.21.0020

Ms. Kathy Brennan
Eddie Bauer, Inc.
P.O. ox 97000
Redmond, WA 98073-9700

RE: The tariff classification of women’s woven pajamas from Macau

Dear Ms. Brennan:

In your letter dated April 26, 2000, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 045-0182 is a woman’s pajama set constructed from 100 percent cotton flannel woven fabric. The upper body garment features long hemmed sleeves, a collar and a full front opening secured by six buttons. The pajama bottom features an elasticized drawstring waist, side seam pockets and long hemmed legs. There is embroidery at the sleeve edges, the pajama pant legs and the bottom of the upper body garment. The pajamas will be imported packed in a self-fabric carrying bag. The bag measures 11 inches wide, 8 inches high and 3 ½ inches in depth and has a two button closure. You have indicated that when this item is sold through the catalog, it will be sold without the carry bag. This item will also be imported in petite and tall sizes under style numbers 045-0183 and 045-0184.

The carrying bag, which is just big enough to enclose the pajamas when closed, is clearly intended to enclose the pajamas when not in use. The pajamas and the bag constitute a composite good pursuant to General Rule of Interpretation 3(b), with the pajamas imparting its essential character to the unit. Accordingly, the carrying bag shall be classified with the pajamas.

The applicable subheading for style 045-0182 will be 6208.21.0020, 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: other: women’s. The duty rate will be 9.1 percent ad valorem.

Style 045-0182 falls within textile category designation 351. Based upon international textile trade agreements products of Macau are subject to quota restraints and a visa requirement.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.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 212-637-7080.


Robert B. Swierupski

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