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NY J89534

October 29, 2003

CLA-2-62:RR:NC:N3:360 J89534


TARIFF NO.: 6208.22.0000

Stephanie De Silva
Import/Export Analyst
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of women’s pajamas from China

Dear Ms. De Silva:

In your letter dated October 1, 2003, you requested a classification ruling. The sample submitted with your request will be returned as requested.

Style PP#270227 is a pair of women’s pajamas constructed from knit and woven components. The top is made from 65% polyester and 35% cotton knitted fabric. The pajama bottom is made from 100% polyester woven fabric. The camisole styled top features adjustable elastic shoulder straps approximately ¼ inch in width, lace trim embellished with plastic spangles on the front neck area, and a lettuce edged bottom. The pajama bottom is capri--length and features a fully elasticized covered waist with a non-adjustable tie and hemmed leg openings with slits and ties.

You have indicated that this style 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 pajamas constitute a composite good consisting of both knit and woven fabric components, and each component is considered 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 these styles will be classified.

The applicable subheading for style PP#270227 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ pajamas, of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

Style 1-93673-60 falls within textile category designation 651. 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

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