CLA-2-61:RR:NC:WA:361 G89570
Ms. Fifi Pudjijanto
Classification Specialist
Gap Inc.
One Harrison Street
San Francisco, CA 94105
RE: The tariff classification of women’s knit sleepwear separates from the Philippines.
Dear Ms. Pudjijanto:
In your letter of April 13, 2001, you requested a classification ruling for two garments. As you have requested, these garments are being returned to you.
Style 114964 is a woman’s pajama top constructed from 94% modal, 6% spandex knit fabric. The pullover pajama top has a rounded neckline with elasticized picot edging; and short sleeves. The sleeves and bottom are finished with overlock stitching.
Style 114962 is a woman’s pajama bottom constructed from 95% modal, 5% spandex knit fabric. The pull-on pajama bottoms have a picot elasticized waistband and overlock stitching finishing the leg openings.
You have indicated that these matching garments will be sold as sleepwear separates.
If imported in equal numbers of matching pajama tops and bottoms in the same shipment, the applicable subheading for the pajamas will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of man-made fibers. The rate of duty will be 16.3 percent ad valorem.
If imported separately, the applicable subheading for each style will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas …and similar articles of man-made fibers. The rate of duty will be 16.3 percent ad valorem.
If imported in equal numbers of matching bottoms in the same shipment, the pajamas fall within textile category designation 651; each style imported separately falls within textile category designation 650. 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 Angela De Gaetano at 212-637-7029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division