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NY K87889




August 23, 2004
CLA-2-61:RR:NC:WA:361 NY K87889

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

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

RE: The tariff classification of women’s pajama separates from Guatemala.

Dear Ms. Maher:

In your letter dated July 19, 2004, you requested a classification ruling for two women’s garments.

The submitted are described as follows:

Style #275582 - a woman’s sleeveless tank style pajama top constructed from 95% cotton and 5% spandex jersey knit fabric. The garment features a V-shaped neckline in front, elasticized spaghetti straps, an appliqué at the left chest area, and a hemmed bottom. The garment also has elastic trim around the neckline and armholes.

Style #275645 - a woman’s pajama bottom (shorts) constructed from 95% cotton and 5% spandex jersey knit fabric. The garment features an elasticized waistband, and elasticized trim finishing the leg openings.

You have indicated that the pajama top and shorts will be sold as sleepwear separates. Based on appearance, and the merchandising information you provided, the garments are considered sleepwear.

We are returning your samples as you requested.

When imported together in shipments containing equal numbers (pairs) of matching pajama tops and bottoms, the applicable subheading for the matching garments will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted or crocheted, of cotton, women’s. The rate of duty will be 8.5% ad valorem.

When imported separately, or when imported without a matching component, the applicable subheading for the pajama tops and bottoms will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas knitted and crocheted, other, of cotton, other women’s. The rate of duty will be 8.5% ad valorem.

The pajama tops and bottoms, when imported in equal quantities fall within the textile category designation 351; the pajama tops and bottoms imported separately or without a matching component fall within the textile category designation 350. Based upon international textile trade agreements, category 351 from Guatemala is subject to visa requirements 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,
National Commodity

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