The tariff classification of a baby doll pajama set from Hong Kong

NY G88230 March 30, 2001 CLA-2-62:RR:NC:TA:360 G88230 CATEGORY: Classification TARIFF NO.: 6208.29.1000 Stephanie A. Goldfischer Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law 245 Park Avenue - 33rd Floor New York, NY 10167-3397 RE: The tariff classification of a baby doll pajama set from Hong Kong Dear Ms. Goldfisher: In your letter dated March 6, 2001, on behalf of Bennett and Company, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover. Style 18404 is a two-piece baby doll pajama consisting of a top with a matching panty. The fly-away top extends to the vicinity of the hips and is made from 100 percent nylon knit fabric with the exception of silk woven fabric which forms the bust cups and straps. The sleeveless top has a full front opening with a self-fabric tie at the bust and adjustable silk shoulder straps, measuring approximately ¼ inch in width and features a lace trim. The bottom is a thong style panty made from 100 percent silk woven fabric. The panty has a cotton crotch, elasticized waist and lace trim. In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods consisting of different materials cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the woven nor the knit fabric component provides the essential character to the pajama. Therefore, classification will be under heading 6208, HTS. The applicable subheading for style 18404 will be 6208.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven pajamas of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 3 percent ad valorem. Style 18404 falls within textile category designation 751. Based upon international textile trade agreements products of Hong Kong are not 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