The tariff classification of women's pajamas from China

NY G87672 March 21, 2001 CLA-2-62:RR:NC:TA:360 G87672 CATEGORY: Classification TARIFF NO.: 6208.22.0000 Mr. Kevin Maher C-Air Customhouse Brokers International Freight Forwarders 153-66 Rockaway Boulevard Jamaica, NY 11434 RE: The tariff classification of women's pajamas from China Dear Mr. Maher: In your letter dated January 19, 2001 and additional information submitted on February 23, 2001, you requested a tariff classification ruling on behalf of American Basics Co.LLC. The garments submitted with your request will be returned to you under separate cover. Style 846804P is a pair of women’s pajamas composed of knit and woven components. The pajama top is constructed from 100 percent cotton rib knit fabric and the pajama bottom is constructed from 100 percent polyester woven fabric. The pajama top features a V-neckline, short sleeves and a hemmed bottom. The neckline and sleeves have contrasting colored capping. The pajama bottom features a 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 846804P is classified. The applicable subheading for style 846804P will be 6208.22.0000, 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 man-made fibers. The rate of duty will be 16.3 percent ad valorem. Style 846804P falls within textile category designation 651. Based upon international textile trade agreements products of China are currently subject to quota restraints 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