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NY N010239




May 1, 2007

CLA-2-62:RR:NC:WA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Mr. K. K. Lee
Leeward International Inc.
21 West 38th Street
11th Floor
New York, NY 10018

RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of women’s pajamas from Honduras.

Dear Mr. Lee:

In your letter dated April 23, 2007, you requested a ruling on the status of a pair of women’s pajamas from Honduras under the DR-CAFTA.

The submitted sample, style 77901, is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 100 percent cotton knit fabric and the pajama bottom is constructed from 100 percent cotton woven fabric. The pullover pajama top features a V-neckline, long hemmed sleeves and a hemmed bottom. The pajama bottom features an elasticized waist and long hemmed legs.

The pajama top is made from Honduran cotton yarns that are knitted, cut and sewn in Honduras. The pajama bottom is cut and sewn in Honduras from woven fabric from China.

Because the pajamas constitute a composite good consisting of both knit and woven fabric components, we must determine which fabric imparts the essential character of the good. Pajamas by definition must consist of two pieces: a top and a bottom garment. Without either garment, the pajamas do not exist. Therefore, each component is considered to be equally important in determining the classification. As each is equally essential, classification must be 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 heading 6108, HTS, or 6208, HTS and 6208, HTS, appears last in numerical, order, that is the heading under which style 77901 will be classified.

The applicable tariff provision for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for singlets and other undershirt, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The general rate of duty will be 8.9 percent ad valorem.

The pajamas fall within textile category 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if—

(i)the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and—

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

Based on the facts provided, the goods described above qualify for DR-CAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 29(b)(ii)(A). The goods will therefore be entitled to a Free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements.

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/.

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 Brenda Wade at 646-733-3501.

Sincerely,

Robert B. Swierupski
Director,

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