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NY I85043

September 3, 2002

CLA-2-62:RR:NC:N3:360 I85043


TARIFF NO.: 6208.21.0020

Ms. Karen Riggs
1 Talbots Drive
Hingham, MA 02043

RE: The tariff classification of women's pajamas with matching carrying bag from Hong Kong

Dear Ms. Riggs:

In your letter dated August 16, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 25103015 consists of a pair of women’s pajamas composed of knit and woven components and a matching flannel carrying bag. The pajama top is constructed from 100 percent cotton knit fabric and the pajama bottom and carrying bag are constructed from 100 percent cotton flannel woven fabric. The pajama top features long sleeves, a round neckline, embroidery on the bodice and a hemmed bottom. The neck and sleeve edges have a crochet trim. The pajama bottom features an elasticized waist and long hemmed legs. Neither the knit nor the woven fabric provides the essential character to the pajamas. Therefore, in accordance with General Rules of Interpretation 3(c) they are classified under the heading that occurs last in numerical order, that is, heading 6208, HTS. These garments have been designed and will be marketed as sleepwear and will also be imported under style number 25103035 which is identical in style to the submitted pajamas but differing in print.

The pajamas will be imported in, and sold with a matching flannel carrying bag. The envelope styled bag is approximately 13 inches long by 11 inches high and features a flap with a button and loop closure. The pajamas and carrying bag are considered composite goods in accordance with General Rules of Interpretation 3(b). The essential character is provided by the garment, therefore, the pajamas and the carrying bag will be classified under the HTS number for the pajamas.

The applicable subheading for style 25103015 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. The rate of duty will be 9 percent ad valorem.

Style 25103015 falls within textile category designation 351. 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 646-733-3051.


Robert B. Swierupski

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