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NY K80935




December 24, 2003
CLA-2-62:RR:NC:N3:360 K80935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020

Gloria Rooks
Darby Classics, Ltd.
New World Imports, Inc.
34 West 33rd Street
New York, NY 10001

RE: The tariff classification of women’s pajamas from Sri Lanka

Dear Ms. Rooks:

In your letter dated December 12, 2003 you requested a classification ruling on behalf of Haband Co. Inc. The sample submitted with your request will be returned as requested.

Style H10-1, is a pair of women’s pajamas consisting of knitted and woven components. The pajama top is made from 60% cotton and 40% polyester knitted fabric and the bottom is made from 80% cotton and 20% polyester woven fabric. The pullover top features long sleeves, a scoop neck and a hemmed bottom. There is capping around the neck, sleeve endings and hem that matches the fabric of the bottom component. The pull-on pajama pants extend to the ankles and feature a covered elasticized waistband with a functional drawstring 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 H10-1 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses and pajamas: of cotton. The rate of duty will be 9 percent ad valorem. Effective January 1, 2004, the rate of duty will be 8.9 percent ad valorem.

Style H10-1 falls within textile category designation 351. Based upon international textile trade agreements products of Sri Lanka 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.

Sincerely,

Robert B. Swierupski
Director,

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