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NY B84967




May 27, 1997

CLA-2-61:SF G03 B84967

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0020

Ludene Murphree
Import Operations Manager
The Gap, Inc.
Two Harrison Street
San Francisco, CA 94105

RE: The tariff classification of girls' pajamas from Greece, Egypt or Saipan, Commonwealth of the Northern Mariana Islands

Dear Ms. Murphree:

In your letter dated May 16, 1997 you requested a tariff classification ruling.

Style 353097 is a pair of pajamas made from a fine rib knit printed fabric which you state is 100% cotton. The pajama top is a crew neck, long sleeve pullover with a hemmed bottom. The neckband and cuffs are ribbed. The pajama bottom is a pair of pull-on long leg pants with ribbed knit cuffs at the ankles and a completely enclosed elasticized waistband. You have indicated that this style will be imported in girls' sizes XXS through XL.

The applicable subheading for the pajamas will be 6108.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of cotton: Girls'. The rate of duty from Greece or Egypt will be 8.8 percent ad valorem. If considered a product of the Northern Mariana Islands, pursuant to General Note 3 (a)(iv), HTS, the garment will be free of duty.

Style 353097 falls within textile category designation 351. Based upon international textile trade agreements, products of Egypt are subject to the requirement of a visa.

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. 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.

Children's pajamas and sleepwear are subject to the Consumer Products Safety Commission (CPSC) Flammability Standard for Children's Sleepwear Sizes 0-6X and Sizes 7-14. The CPSC has published a notice of a Stay of Enforcement of sleepwear requirements for skin-tight and nearly skin-tight garments currently used as sleepwear and sold as underwear. It is recommended that you consult with the CPSC to verify that this merchandise falls within the purview of that notice.

In accordance with your request your sample will be returned to you under separate cover.

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.

Sincerely,

Alice M. Rigdon
Port Director

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