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NY J87073

September 2, 2003

CLA2-RR:NC:N3:360 J87073


TARIFF NO.: 6208.22.0000

Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road
2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of women’s knit and woven pajamas from Hong Kong

Dear Mr. Weinrauch:

In your letter dated August 6, 2003, on behalf of Keys USA, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 33496S04 is a women’s pajama set consisting of knit and woven components. The pajama top is made from 60% cotton and 40% polyester knitted fabric. The pullover garment features elasticized, adjustable shoulder straps, a v-neckline with lace-like trim and a satin stitched bottom. The garment reaches from the shoulders to the vicinity of the waist and is color coordinated with the bottoms. The pull-on pajama bottoms are made from 100% polyester charmeuse printed woven fabric. The bottoms extend from the waist to the ankles and feature an elasticized waist with a drawstring and a hemmed bottom.

Style 33496S04 will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the marketing information provided, the items are considered sleepwear.

Because the pajama components constitute a composite good consisting of both knit and woven fabric components, the fabric that imparts the essential character to the good must be determined. Pajamas by definition consist of two pieces: a top and a bottom garment. Therefore, each component is considered to be equally important in determining the classification. As each is equally essential, classification is 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 these pajamas will be classified.

The applicable subheading for style 33496S04 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

Style 33496S04 falls within textile category designation 651. Based upon international textile trade agreements products of Hong Kong are currently subject to 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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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