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NY G84669





December 27, 2000

CLA-2-61:RR:NC:TA:361 G84669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6104.62.2030; 6109.10.0060; 6114.20.0010

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

RE: The tariff classification of women’s knit garments from Hong Kong and Singapore.

Dear Ms. Murphree:

This is in reply to your letter dated November 20, 2000, in which you requested a classification ruling for five women’s garments. The samples are being returned, as your requested. Styles 101668 and 104736 are women’s pants constructed from 100% cotton knit fabric. The fabric weight is 280 g/m2. The pull-on, capri length pants have a ribbon drawstring waistband; and hemmed leg openings. The waistband and leg openings are trimmed with elasticized picot edging.

Style 101680 is a woman’s top constructed from 100% cotton knit fabric. The fabric weight is 200 g/m2. The top features ¼ inch adjustable shoulder straps; a crossover v-neckline in front; and a plain hemmed bottom. The v-neckline is finished with ¼ inch elasticized capping and the back of the garment extends straight across from side seam to side seam.

Style 101761 is a woman’s tank top constructed from 100% cotton knit fabric. The fabric weight is 200 g/m2. The tank top has ¼ inch shoulder straps; a u-shaped neckline in front; a square neckline in back; and a plain hemmed bottom.

Style 101762 is a pair of shorts constructed from 100% cotton knit fabric. The fabric weight is 200 g/m2. The pull-on shorts have a ribbon drawstring waistband and hemmed leg openings. The waistband and leg openings are trimmed with elasticized picot edging.

You have referred to these garments as sleepwear separates. However, based both on their appearance, and the manner in which they are marketed, they do not seem to be the type of garments that are worn exclusively for sleeping. Therefore, these garments will not be classified in as sleepwear in heading 6108.

The applicable subheading for styles 101668 and 104736 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...trousers of cotton. The rate of duty will be 15.6 percent ad valorem. Effective January 1, 2001, the rate of duty will be 15.4 percent ad valorem.

The applicable subheading for styles 101680 will be 6114.20.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Tops: women’s or girls. The rate of duty will be 11.1 percent ad valorem. Effective January 1, 2001, the rate of duty will be 11 percent ad valorem.

The applicable subheading for styles 101761 will be 6109.10.0060 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knit tank tops of cotton. The rate of duty will be 18.3 percent ad valorem. Effective January 1, 2001, the rate of duty will be 17.8 percent ad valorem.

The applicable subheading for styles 101762 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...shorts of cotton. The rate of duty will be 15.6 percent ad valorem. Effective January 1, 2001, the rate of duty will be 15.4 percent ad valorem.

Styles 101668, 104736 and 101762 fall within textile category designation 348; styles 101680 and 101761 fall within textile category designation 339. Based upon international textile trade agreements products of Hong Kong and Singapore 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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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