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NY B88463





September 25, 1997

CLA-2-61:RR:NC:WA:361 B88463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6208.91.3010

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

RE: The tariff classification of women's sleepwear from India, Indonesia and Singapore.

Dear Ms. Murphree:

In your letter dated July 10, 1997, with additional information provided on August 25, 1997, you requested a tariff classification ruling for women's sleepwear for the Old Navy Stores. The samples are being returned, as you requested.

Style 369101 is a pair of pajamas for women constructed from 100% cotton rib knit fabric. The pajama top is a pullover with a rounded, capped neckline, long sleeves with rib knit cuffs, and the bottom edge finished with overlock stitching. The pull-on pajama pants feature a covered elasticized waistband, and long legs with rib knit cuffs.

Style 429971 is a pair of pajamas for women constructed from 100% cotton rib knit fabric. The pajama top features a full front opening with right over left button closure, long hemmed sleeves and a plain hemmed bottom. The pull-on pajama pants feature a covered elasticized waistband, and long legs with a hemmed bottom.

Styles 369157 and 369160, which are identical except for the fabric print, are pajamas pants for women. These styles are constructed from 100% cotton woven fabric. The pull-on pajama pants feature a covered elasticized waistband with a draw string, and long legs with a hemmed bottom.

You have indicated that the pajamas will be sold in your Old Navy Stores as sleepwear, and that the pajama bottoms will be merchandised as "mix and match" separates, with knit pajama tops. The tops will not be imported. The specifications provided show that these garments are designed for a comfortable fit.

The applicable subheading for styles 369101 and 429971 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for styles 369157 and 369160 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pajamas...and similar articles, of cotton. The rate of duty will be 11.7 percent ad valorem.

Styles 369101 and 429971 fall within the textile category designation 351; styles 369157 and 369160 fall within the textile category designation 352. Based upon international textile trade agreements, garments imported from India, Indonesia and Singapore 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,

Robert B. Swierupski
Director,

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