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NY M84807

July 21, 2006

CLA-2-62:RR:NC:N3:360 M84807


TARIFF NO.: 6208.21.0020; 6405.20.9015

Ms. Sherry Sampson
Blair Corporation
220 Hickory Street
Warren, PA 16366-0001

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

Dear Ms. Sampson:

In your letter dated June 30, 2006, you requested a classification ruling. The submitted samples will be returned to you as requested.

Product #47487 consists of a pair of women’s pajamas and a pair of slippers. The pajamas are composed of a top constructed from 100 percent polyester knit fleece fabric and a bottom constructed from 100 percent cotton woven flannel fabric. The pullover pajama top features long sleeves, a round neckline, one chest pocket with appliqué, side vents and a hemmed bottom. The pajama bottom features an elasticized waist and long hemmed legs. The slippers are composed of 100 percent polyester fleece knit upper, a foam-padded insole covered with the same fabric as the upper and a separately sewn on fabric wrapped sole. The slippers are intended for indoor use.

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.

The applicable subheading for the pajamas will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other. The duty rate will be 8.9 percent ad valorem.

The applicable subheading for the slippers will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear: With uppers of textile materials: other: house slippers. The duty rate will be 12.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The pajamas fall within textile category designation 351. 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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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