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NY L82820

April 4, 2005

CLA-2-61:RR:NC:WA:361 NY L82820


TARIFF NO.: 6108.32.0010; 6108.92.0015

Mr. John Nagel, Origin Analyst
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

RE: The tariff classification of women’s knit pajamas and a G-string from China.

Dear Mr. Nagel:

In your letter dated March 3, 2005, you requested a classification ruling for women’s pajamas and a G-string. The items will be returned as requested.

Style 113301 is composed of a pair of women’s pajamas and a G-string constructed from 94 percent nylon, six-percent spandex knit fabric. The camisole styled top has spaghetti straps, a V-shaped neckline in front with openwork trim, and a bottom finished with overlock stitches. The shorts styled pajama bottoms have a partially elasticized waistband, openwork trim at the top, and overlock stitching finishing the leg openings. The G-string has a V-shaped front panel with openwork trim. The pajamas and G-string will be imported and sold with a self-fabric carrying bag with a drawstring closure. The pajamas and bag are considered to be a composite good, under the General Rules of Interpretation (GRI) 3(b). As such, they are classified as a unit under one tariff number, and one quota category number is applied to both the pajama and the carry bag.

Although you have referred to these articles as a set, for tariff purposes, the pajamas and G-string (underwear) are separately classifiable, as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for the pajamas and carrying bag will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Pajamasknitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for the G-string will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sbriefs, pantiesand similar articles, knitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 16 percent ad valorem.

The pajamas and carrying bag fall within textile category designation 652; the G-string falls within textile category designation 652. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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