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NY L86091




July 13, 2005

CLA-2-61:RR:NC:TA:358 L86091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0025; 6111.30.5070

Thomas MacMahon
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of girls’ sleepwear from China and the Philippines

Dear Mr. MacMahon:

In your letter dated July 7, 2005 you requested a classification ruling.

Submitted styles 333809 and 339711, manufactured from fleece fabric of 100% polyester, are nightgowns, characterized by long sleeves, a notched opening at the front of the neck, and ornamented by embroidery.

Submitted style 319680, manufactured from fleece fabric of 100% polyester, is a pair of pajamas, comprised of loosely fitted trousers, fully elasticized around the waistband, and of a loosely fitted, long-sleeved pullover, styled by a cross-over front, and ornamented by textile overlays and appliqués.

As you have requested, the sample styles are being returned.

When sized for infant girls the applicable subheading for the three styles will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garmentsknittedof synthetic fibers, other, other, other; and when sized for larger girls it will be 6108.32.0025, HTS, which provides for girls’pajamasknittedof man-made fibers, girls’, other. The duty rate will be for either classification .

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.

In infants’ sizing the styles fall within textile category designation 239 and in larger sizing for girls within 651. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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