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NY J88896

October 20, 2003

CLA-2-62:RR:NC:N3:360 J88896


TARIFF NO.: 6208.21.0020

Karen Riggs
Manager U.S. Operations
174 Beal Street
Hingham, MA 02043

RE: The tariff classification of women's pajamas with carrying bags from China

Dear Ms. Riggs:

In your letter dated September 23, 2003, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 35103135 is a two piece women’s pajama bottom made from knit and woven components. The pajama top is made from 100% cotton jersey knitted fabric and the bottoms are made from 100% cotton flannel printed fabric. The pullover top features long sleeves, a hemmed bottom and a jewel neckline, with topstitching at the neck, sleeves and hem. The front of the garment has a printed design. The bottoms extend to the ankles and feature an elasticized waistband. Style 35103136 is similar in design but features a different printed design.

The pajamas will be imported in, and sold with an organza gift bag. The carrying bag is approximately 10 inches wide by 15 inches high and features a coordinating button closure. The pajamas and carrying bag are considered composite goods in accordance with General Rules of Interpretation (GRI) 3(b). The essential character is provided by the garment, therefore, the pajamas and the carrying bags will be classified under the HTS number for the pajamas.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, and each component is considered 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 heading 6208, HTS, appears last in numerical order, that is the heading under which these styles will be classified.

The applicable subheading for styles 35103135 and 35103136 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pajamas, of cotton. The duty rate will be 9 percent ad valorem.

Styles 35103135 and 35103136 fall within textile category designation 351. Based upon international textile trade agreements, products of China 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 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. 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
National Commodity

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