# NY G89142

May 10, 2001

CLA-2-61:RR:NC:WA:361 G89142

CATEGORY: Classification

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Fifi Pudjijanto

Classification Specialist

Gap Inc.

One Harrison Street

San Francisco, CA 94105

RE: The tariff classification of women's knit pajama separates from El
Salvador, Singapore, Malaysia, Turkey and Brunei.

Dear Ms. Pudjijanto:

In your letter dated April 6, 2001, you requested a classification
ruling for a pair of women's pajamas and pajama separates to be sold in
Old Navy Stores. The samples are being returned, as you requested.

Style 109173 is a pajama top constructed from 95% cotton, 5% spandex
knit fabric. The tank top styled pajama top has elasticized shoulder
straps; a v-shaped neckline in front; elastic and picot trim around the
neckline and armholes; and a plain, hemmed bottom.

Style 114901 is a pajama bottom constructed from 95% cotton, 5% spandex
knit fabric, matching style 109173. The pajama pants have an elasticized
and drawstring waistband, and hemmed leg openings.

Style 109174 is a pajama top constructed from 100% cotton picot knit
fabric. The tank top styled pajama top has elasticized shoulder straps;
a u-shaped neckline in front and back; elastic and picot trim around the
neckline and armholes; and overlock stitching finishing the bottom.

Style 113856 is a pajama bottom constructed from 100% cotton knit
fabric. The pajama pants have an elasticized and drawstring waistband,
and hemmed leg openings. The pajama pants will be displayed with style
109174.

If imported in shipments containing equal numbers (pairs) of matching
pajama tops and bottoms, the applicable subheading for the pajamas will
be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS),
which provides for women\'s knit \...pajamas of cotton. The rate of duty
will be 8.6 percent ad valorem.

If imported separately, or when imported without a matching component,
the applicable subheading for each style will be 6108.91.0030,
Harmonized Tariff Schedule of the United States (HTS), which provides
for women\'s knit \...pajamas and similar articles of cotton. The rate
of duty will be 8.6 percent ad valorem.

If imported in shipments containing equal numbers (pairs) of matching
pajama tops and bottoms, the pajamas fall within the textile category
designation 351; if imported separately, or when imported without a
matching component, each style falls within the textile category
designation 350. Based upon international textile trade agreements,
garments imported from Singapore, Malaysia and Turkey are subject to a
visa requirement and quota restraints; garments from Brunei and El
Salvador are not, at present, subject to a visa requirement or 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]{.underline}, 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,

National Commodity

Specialist Division