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NY H82444

July 2, 2001

CLA-2-62:RR:NC:TA:360 H82444


TARIFF NO.: 6208.21.0010; 6208.91.3010

Ms. Linda Moyer
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Ms. Moyer:

In your letter dated June 11, 2001, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style PA2A030 is a pair of women’s pajamas composed of knit and woven components constructed from 100 percent cotton. The sleeveless, knitted top features a V-neckline, a straight hemmed bottom and an embroidered design at the hem. The woven pajama bottom features an elasticized waist and long hemmed legs.

Style PA2A031 is a women’s sleep bottom constructed from 100 percent cotton woven fabric. The pull-on bottom features an elasticized waist, a simulated drawstring, pockets and long hemmed legs.

You have indicated that style PA2A030 will be sold as a set. Both styles will be sold in the sleepwear department of retail stores. Based both on the appearance of the garments, as well as the manner in which they will be merchandised, these items are considered sleepwear.

Because the pajamas are made up of both knit and woven fabric, the pajamas are considered to be a composite good, under the 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 to be 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 headings 6108, HTS, or 6208, HTS, and heading 6208, HTS, appears last in numerical order, that is the heading under which style PA2A030 is classified.

The applicable subheading for style PA2A030 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9.1 percent ad valorem.

The applicable subheading for style PA2A031 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ sleep separates: of cotton. The rate of duty will be 11.4 percent ad valorem.

Style PA2A030 falls within textile category designation 351 and style PA2A031 falls within textile category designation 352. Based upon international textile trade agreements products of Hong Kong are currently subject to quota restraints and the requirement of a visa.

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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