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NY E86895




October 7, 1999

CLA-2-62:RR:NC:TA:360 E86895

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.91.3010

Ludene Murphee
Gap Inc.
One Harrison Street
San Francisco, CA 4105

RE: The tariff classification of women’s woven sleepwear from India, Turkey or Singapore

Dear Ms. Murphee:

In your letter dated August 24 1999, you requested a classification ruling. The garments submitted with your request will be returned to you under separate cover.

The three garments submitted with your request, styles 696129, 696130 and 696140, are made from 100 percent cotton woven fabric. Styles 696129 and 696130 are made up of yarn dyed fabric while style 696140 is made from printed fabric. You have stated that the garments are part of a coordinated sleepwear grouping. The mix and match components will be imported and sold separately. Based upon the physical characteristics of the garments, we concur that they qualify for classification under heading 6208, Harmonized Tariff Schedule of the United States (HTS).

Style 696129 is a women’s pajama top. It has long hemmed sleeves, a v-neck, a full front opening, a shirttail bottom and a chest pocket.

Styles 696130 and 696140 are women’s long pajama bottoms. Style 696130 features a covered elasticized waistband with textile hook and loop closure and a buttoned fly. Style 696140 features a self-fabric drawstring waist, a buttoned fly and side seam pockets.

The applicable subheading for styles 696129 and 696130 when imported in shipments containing equal numbers of matching tops and bottoms will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s cotton woven nightdresses and pajamas with two or more colors in the warp and/or filling. The duty rate will be 9.2 percent ad valorem.

The applicable subheading for style 696140 when imported in shipments containing equal numbers of matching tops and bottoms will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s cotton woven nightdresses and pajamas. The duty rate will be 9.2 percent ad valorem.

The applicable subheading for the pajama components when imported separately or imported without a matching component will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sleepwear components of the same class or kind as the exemplars of heading 6208, HTS. The duty rate will be 11.6 percent ad valorem.

The pajama separates, if imported in equal quantities of matching tops and bottoms fall within textile category designation 351; if imported separately or in unequal numbers the pajama separates fall within category 352. Based upon international textile trade agreements products of India or Turkey are subject to quota restraints and the requirement of a visa. Currently, products of Singapore are not subject to quota restraints but are 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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. 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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