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NY J83046




May 6, 2003

CLA-2-61:RR:NC:WA:361 NY J83046

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.39.4000; 6108.99.5015

Ms. Fifi Pudjijanto, Import Compliance Manager Gap, Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of women’s pajama separates and a robe from China.

Dear Ms. Pudjijanto:

In your letter dated April 2, 2003, you requested a classification ruling for four women’s garments. The items are being returned as you requested..

Style 202707 is a woman’s sleep top constructed from 70 percent cotton, 15 percent cotton, 15 percent cashmere knit fabric. The pajama top has narrow shoulder straps and a self-start bottom.

Style 202708 is a woman’s pajama bottom (tap pants) constructed from 70 percent cotton, 15 percent cotton, 15 percent cashmere knit fabric and has an elasticized waistband and self start leg openings.

Style 202709 is a woman’s pajama bottom (pants) constructed from 70 percent cotton, 15 percent cotton, 15 percent cashmere knit fabric and has an elasticized waistband with a drawstring, and self start openings.

Style 202710 is a woman’s robe ) constructed from 70 percent cotton, 15 percent cotton, 15 percent cashmere knit fabric. The ankle length wrap robe has a full front opening with a belt closure, long sleeves, and a self-start bottom.

You have indicated that the pajama top, tap pants and long pants will be sold as part of a “mix and match” sleepwear group. Based on appearance, and the merchandising information you have provided, the garments top and bottoms are considered sleepwear. For garments attached, but not permanently:

You have indicated in your letter that the fabric is a blend of 70% silk/15% cotton/15% cashmere. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas containing 70 percent or more by weight of silk. The rate of duty will be .9 percent ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.99.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles containing 70 percent or more by weight of silk. The rate of duty will be .9 percent ad valorem.

The applicable subheading for the robe will be 6108.99.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...bathrobescontaining 70 percent or more by weight of silk. The rate of duty will be .9 percent ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 751; the pajama tops and bottoms imported separately or without a matching component, as well as the robe, fall within the textile category designation 750. Based upon international textile trade agreements, these categories from China are not subject to a visa requirement and quota restraints.

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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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