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NY A83069



May 15, 1996

CLA-2-61:RR:NC:WA:361 A83069

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Ludene Murphree
GAP
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of women's nightgowns and pajama separates from Malaysia.

Dear Ms. Murphree:

In your letter dated April 25, 1996, you requested a tariff classification ruling for a women's nightgown and pajama separates. The samples are being returned, as you requested.

Four sleepwear garments were submitted, all of which are constructed from 100% cotton brushed rib knit fabric. All of the garments are sized for a comfortable fit. You also noted that these garments will be imported and sold separately in the women's intimate section of Banana Republic Stores. Your objective in merchandising these sleep separates is to allow the consumer the choice of purchasing a nightgown, or a pajama top with either short or long pants.

Style 173073 is a woman's nightgown. It features a rib knit modified v-neckline with picot edging, short sleeves, and overlock stitching to finish the sleeves and bottom of the garment.

Style 173074 is a woman's pajama top. The top has a full front opening with a right over left 8 button closure, long sleeves, a rib knit collar with picot edging, and overlock stitching to finish the bottom and sleeves.

Style 173075 is a woman's short leg pull-on pajama bottom. It features a half inch covered elasticized waistband, and overlock stitching to finish the bottom of the leg openings.

Style 173076 is a woman's long leg pull-on pajama bottom. It features a half inch covered elasticized waistband, and overlock stitching to finish the bottom of the leg openings.

The applicable subheading for style 173073 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgowns of cotton. The rate of duty will be 8.9 percent ad valorem. The applicable subheading for styles 173074, 173075, and 173076 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's knit pajamas...and similar articles of cotton. The rate of duty will be 8.9 percent ad valorem.

The nightgown falls within the textile category designation 351; the pajama top, pajama short and long bottoms fall within textile category designation 350. Based upon international textile trade agreements, garments imported from Malaysia are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Roger J. Silvestri
Director

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