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April 29, 1999

CLA-2-61:RR:NC:TA:3:358 D89944

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0040; 6110.20.2075; 6111.20.3000; 6111.20.6040

Ms. Ludene Murphree
Gap Inc.
One Harrison Street
San Francisco, CA 94105

RE: The tariff classification of a pair of infant’s and toddler’s sleepwear bottoms and pullovers from Malaysia.

Dear Ms. Murphree:

In your letter dated March 29, 1999, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #592048 - a pair of infant’s and toddler’s sleepwear bottoms. The garments are constructed of 100% cotton rib knit fabric and feature an exposed elasticized waist, an allover print design, and long legs with tight fitting rib knit cuffs.

Style #592049 - an infant’s and toddler pullover. The garments are constructed of 100% cotton rib knit fabric and feature a crew neck, and long sleeves with rib knit cuffs. The pullover also has a screen print design with the words “Playing Outside” and “Old Navy” on the front panel, and a hemmed rib knit bottom.

You state in your letter that the garments will be imported in infants’ sizes 3-6 months and toddler girls’ sizes 24-30 months.

We are returning your samples as you requested.

The applicable subheading for the toddlers’ sleepwear bottom, sizes 24-30 months, Style #592048 will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses, pajamas, negligees, bathrobes, dressing gowns, and similar articles, knitted or crocheted, other, of cotton, other, girls’. The duty rate will be 8.8% ad valorem.

The applicable subheading for the infants’ sleepwear bottom, sizes 3-6 months, Style #592048 will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, other. The duty rate will be 8.4% ad valorem.

The applicable subheading for the toddlers’ pullover, sizes 24-30 monthst, Style #592049 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, other, other, other, women’s or girls. The duty rate will be 18.6% ad valorem.

The applicable subheading for the infants’ pullover, sizes 3-6 months, Style #592049 will be 6111.20.3000 Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, except those imported as parts of sets. The duty rate will be 18.% ad valorem.

The toddlers’ sleepwear bottom, Style #592048 falls within textile category designation 350. Based upon textile trade agreements, products of the Malaysia are presently subject to quota restraints and visa requirements.

The infants’ sleepwear bottom, Style #592048 falls within textile category designation 239. Based upon textile trade agreements, products of the Malaysia are presently subject to visa requirements.

The toddlers’ pullover, Style #592049 falls within textile category designation 339. Based upon textile trade agreements, products of the Malaysia are presently subject to quota restraints and visa requirements.

The infants’ pullover, Style #592049 falls within textile category designation 239. Based upon textile trade agreements, products of the Malaysia are presently subject to visa requirements.

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 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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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