The tariff classification of women’s pajamas from Hong Kong

NY I80569 April 26, 2002 CLA-2-62:RR:NC:TA:360 I80569 CATEGORY: Classification TARIFF NO.: 6208.21.0020 Ronald M. Pigliacelli Manager Import Operations DEB SHOPS, INC. 9401 Blue Grass Road Philadelphia, PA 19114 RE: The tariff classification of women’s pajamas from Hong Kong Dear Mr. Pigliacelli: In your letter dated April 16, 2002, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover. Styles 2011, 2022 and 2033 consist of women’s sleep tops made from 100 percent knit fabric and sleep bottoms made from 100 percent cotton woven fabric. The top is a sleeveless pullover with a screen-printed design. The bottom is a pull-on short with a rib knit waistband and a functional drawstring. The components of each style are similarly designed and will differ in the print used. Styles 2001, 2002 and 2003 consist of women’s sleep tops made from 100 percent knit fabric and sleep bottoms made from 100 percent cotton woven fabric. The top is a sleeveless pullover with a screen-printed design. The bottom extends to the ankles and has a rib knit waistband and a functional drawstring. The components of each style are similarly designed and will differ in the print used. You have informed us that the garments will be imported and sold as a pajama set. They will be labeled and sold as sleepwear in the lingerie/sleepwear section of your stores. The sewn-in label is one reserved exclusively for lingerie/sleepwear. Based on the appearance of the garments and the manner in which they will be marketed and sold we agree that the sets are classifiable as pajamas. Because the pajamas constitute a composite good consisting of both knit and woven fabric components, we must determine which fabric imparts the essential character to 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 headings 6108, HTS, or 6208, HTS, and heading 6208, HTS, appears last in numerical order, that is the heading under which all styles are classified. The applicable subheading for styles 2011, 2022, 2033, 2001, 2002 and 2003 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s woven pajamas of cotton. The duty rate will be 9 percent ad valorem. Styles 2011, 2022, 2033, 2001, 2002 and 2003 fall within textile category designation 351. Based upon international textile trade agreements products of Hong Kong are 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 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division