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NY H87677

March 5, 2002

CLA-2-62:RR:NC:TA:360 H87677


TARIFF NO.: 6208.21.0010

Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

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

Dear Ms. Bauman:

In your letter dated February 7, 2002, on behalf of Dress Barn Inc., you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 2002 is a pajama set consisting of a 100% polyester knitted top and a 100% cotton woven bottom. The pullover top features long sleeves, a crew neck and a hemmed bottom. Sewn to the rear, neck area is a piece of plaid cotton fabric that matches the fabric of the bottoms. The bottoms extend to the ankles and feature a fully elasticized covered waistband with a functional drawstring.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, we must determine which fabric imparts the essential character to the good. 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 WSL07 is classified.

The applicable subheading for style 2002 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven pajamas of cotton with two or more colors in the warp and/or the filling. The duty rate will be 9 percent ad valorem.

Style 2002 falls within textile category designation 351. Based upon international textile trade agreements products of Malaysia are subject to quota 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 646-733-3051.


Robert B. Swierupski

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