The tariff classification of women’s knit and woven pajamas from Hong Kong and/or China

NY J86391 July 15, 2003 CLA2-RR:NC:N3:360 J86391 CATEGORY: Classification TARIFF NO.: 6208.21.0010 David M. Murphy Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue 33rd Floor New York, NY 10167-3397 RE: The tariff classification of women’s knit and woven pajamas from Hong Kong and/or China Dear Mr. Murphy: In your letter dated June 20, 2003, on behalf of Newton Buying Corp., you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover. Style 1909AMYF3 (pink) is a women’s pajama set consisting of knit and woven components. The sleeveless pajama top is made from 95% cotton and 5% spandex knitted fabric. The garment features adjustable spaghetti straps, a rounded neckline and an integrated shelf bra. The garment reaches from the neck to the vicinity of the waist and has a hemmed bottom. The pull-on pajama bottoms are made from 100% cotton woven flannel fabric and are color coordinated with the top. The bottoms extend from the waist to the ankles and feature an elasticized waist with a drawstring and a hemmed bottom. You have noted that this pajama set will be imported in a blue color combination under style number 1909BMY3. You have indicated that style 1909AMYF3 will be produced, imported and sold at retail as a set. Based on the appearance of the style, and the marketing information provided, the items are considered sleepwear. Because the pajama components constitute a composite good consisting of both knit and woven fabric components, the fabric that imparts the essential character to the good must be determined. Pajamas by definition consist of two pieces: a top and a bottom garment. Therefore, each component is considered to be equally important in determining the classification. As each is equally essential, classification is 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 these pajamas will be classified. The applicable subheading for style1909AMYF3 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’…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 percent ad valorem. Style 1909AMYF3 falls within textile category designation 351. Based upon international textile trade agreements products of China and Hong Kong are currently subject to 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.). 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