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NY F88150




June 29, 2000

CLA-2-62:RR:NC:WA:355 F88150

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010; 6207.91.3010

Ms. Fifi Pudjijanto
Gap, Inc.
One Harrison Street
San Francisco, CA 94105

RE: The tariff classification of men’s sleepwear and pajamas from India and Indonesia

Dear Ms. Pudjijanto:

In your letter dated June 21, 2000, you requested a classification ruling.

Three sample garments were submitted. Style 878010 is a 100 percent cotton woven men’s sleep pant. It features long legs with hemmed bottoms, an open fly, an exposed elastic waistband and two side seam pockets. The submitted sample had a check pattern to the fabric. Style 878014, “crazy stripe pj”, is made of 100 percent woven cotton fabric. It is a sleep top and features long hemmed sleeves, a chest pocket, and a full front opening with left over right closure. It has lapels, five oversize buttons and the traditional piping along the collar, front opening and chest pocket. Style 87015, “crazy stripe pj”, is a 100 percent cotton woven sleep bottom. It features long legs with hems, an open fly, a covered elastic waistband with a drawstring and two side seam pockets. It is made of the same fabric as the top. In your letter you state that these two styles, 87014 and 87015 will be displayed and merchandised together, yet separately ticketed for individual sale.

If styles 87014 and 87015 are imported together in approximately equal numbers and sizes, the applicable subheading will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts, pajamas and similar articles, nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9.1 percent ad valorem.

If styles 87014 and 87015 are imported separately, the applicable subheading will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts, pajamas and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for style 878010 will be 6207.91.3010, HTS, which provides for men’s or boys’ nightshirts, pajamas and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

All the styles fall within textile category designation 351. Based upon international textile trade agreements products of both India and Indonesia are subject to quota and 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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