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NY H87722




February 15, 2002

CLA-2-62:RR:NC:TA:358 H87722

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.22.0000; 6209.30.3040

Fifi Pudjijanto
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of sleepwear for infants’ and for boys’ wear from the Philippines

Dear Ms. Pudjijanto:

In your letter dated February 7, 2002 you requested a classification ruling.

Submitted style 153782, manufactured from light-weight, woven fabric of 100% polyester, is comprised of two garments. One of these garments is a loose-fitting pair of shorts, fully elasticized around the waist. The other garment is loose-fitting, characterized by a full-front, buttoned opening, which extends to the shirt-type collar and neckline, by short sleeves, and by an open pocket at the lower portion of each of the fronts.

As you have requested, the sample garment is being returned.

The applicable subheading for this style in infants’ sizing will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other; and in larger sizing for boys will be 6207.22.0000, which provides for boys’pajamas, of man-made fibers. The duty rate will be 16.2 per cent ad valorem.

Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Please contact the CPSC regarding compliance.

The pajamas fall within textile category designation 239 in infants’ sizes and within 651 in larger sizes. Based upon international textile trade agreements products of the Philippines 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 Kirschner at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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