The tariff classification of women's pajamas from Sri Lanka or Turkey

NY G87023 February 28, 2001 CLA-2-62:RR:NC:TA:360 G87023 CATEGORY: Classification TARIFF NO.: 6208.21.0010 Ms. Gina Bies Carole Hochman Designs Inc. 801 Foresman Street Williamsport, PA 17701 RE: The tariff classification of women's pajamas from Sri Lanka or Turkey Dear Ms. Bies: In your letter dated January 9, 2001, you requested a ruling on tariff classification. The submitted sample, style DK-36, is a pair of women’s pajamas constructed from knit and woven components. The upper body garment is constructed from 100 percent polyester polar fleece knitted fabric and the bottom is constructed from 100 percent cotton flannel woven fabric. The upper body garment features a round neckline, long sleeves with a small pocket on the upper left sleeve. The bottom features a partially elasticized drawstring waist and long hemmed legs. You have indicated that these garments will be sold as a set in the sleepwear department of retail stores. Based both on the appearance of the garments, as well as the manner in which they will be merchandised, these items are considered sleepwear. Because the pajamas constitute a composite good consisting of both knit and woven fabric, we must determine which fabric imparts the essential character. 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 headings 6108, HTS, or 6208, HTS, and heading 6208, HTS, appears last in numerical order, that is the heading under which style DK-36 is classified. The applicable subheading for style DK-36 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), 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: with two or more colors in the warp and/or the filling. The rate of duty will be 9.1 percent ad valorem. Style DK-36 falls within textile category designation 351. Based upon international textile trade agreements products of Sri Lanka or Turkey are currently 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division