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NY K80424

November 26, 2003
CLA-2-62:RR:NC:N3:360 K80424


TARIFF NO.: 6208.21.0010

Wing Leung
Import Manager
Dress Barn
30 Dunnigan Drive
Suffern, NY 10901

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

Dear Ms. Leung:

In your letter dated October 22, 2003 you requested a classification ruling.

The submitted sample, style 1015, is a pair of women’s pajamas consisting of knitted and woven components. The pajama top is made from100% cotton knitted fabric and the woven bottom is made from 60% cotton and 40% polyester seersucker fabric. The top features short sleeves, a scoop neck, a front snap button closure, and a hemmed bottom. There is a piece of woven fabric sewn into the back of the neck that matches the fabric of the bottom. The pull-on pajama shorts feature a covered elasticized waistband and hemmed leg openings.

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 pajama components constitute a composite good consisting of both knitted 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 1015 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The rate of duty will be 9 percent ad valorem.

Style 1015 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 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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