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NY K84332

April 13, 2004
CLA-2-62:RR:NC:N3:360 K84332


TARIFF NO.: 6208.21.0010

Melissa Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of women’s sleepwear from Cambodia and Peru

Dear Ms. Fox:

In your letter dated March 12, 2004, on behalf of Sugartown Worldwide, Inc. you requested a classification ruling. The submitted samples will be returned as requested.

Style 62124 consists of a women’s 100% cotton woven gingham pajama set in a matching fabric pouch. The pajama top features long hemmed sleeves, a notched collar, a left breast pocket, a full front opening with five button closures and a hemmed bottom. The long pajama bottoms feature a rear elasticized waistband, a front drawstring waistband, a button fly front and side pockets. Both pieces feature contrasting colored piping. The pajamas will be sold in a self-fabric drawstring pouch approximately 14 inches by 10 inches with a “Lilli Pulitzer” label sewn on the front.

The pajamas and pouch are considered a composite good in accordance with General Rules of Interpretation 3(b). As such they are classified by the component which gives them their essential character. In this case, the woven pajamas impart the essential character of this composite good.

Style 62127 is a women’s nightgown made from 100% cotton gingham woven fabric. The garment extends to the knees and features a V-front neckline and narrow adjustable shoulder straps in a contrasting color.

Style 62122A is a women’s two piece pajama set consisting of knit and woven components. The fiber composition for both components is 96% cotton and 4% spandex. The solid colored sleeveless top is made of knitted fabric and features narrow adjustable shoulder straps that criss-cross in back, a V-neckline, a mesh lined bust area and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam. The long pajama bottoms is a color coordinated woven floral print and feature a rear elasticized waistband, a front drawstring waistband, a button fly and side pockets.

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 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 this style will be classified.

You have indicated that the pajamas will be produced, imported and sold at retail as a set. Based on the appearance of the three styles, and the manner in which they will they be merchandised and sold, they are considered sleepwear and classified in heading 6208, HTS.

The applicable subheading for all three styles 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 8.9 percent ad valorem.

The nightgown and pajamas fall within textile category designation 351. Based upon international textile trade agreements, this category from Cambodia and Peru is subject to visa requirements, but not quota restraints.

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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