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NY A81917

April 23, 1996

CLA-2-62:RR:NC:WA:360 A81917


TARIFF NO.: 6208.91.3010

Ms. Ludene Murphee
The GAP, Inc.
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of a women's woven pajama bottom from the Philippines

Dear Ms. Murphee:

In your letter dated March 25, 1996, you requested a classification ruling for Old Navy Clothing Company. The submitted sample will be returned to you under separate cover.

Style 429034 is a woman's lower body garment manufactured from 100 percent cotton woven printed fabric. The fabric weighs 2.9 ounces per square yard. The pull-on shorts feature a covered, 1/2 inch wide elastic waistband with a tiny decorative bow and hemmed legs. You state that the garment is intended to be worn for sleeping; will be displayed in the intimates section of the Old Navy stores with a grouping of sleep wear including a matching long leg pajama and other boxer sleep bottoms and short leg pajamas in assorted prints. Specification sheets were also provided.

The applicable subheading for style 429034 will be 6211.49.1070, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'...nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: Other: Of cotton: Other: Women's. The duty rate will be 11.8 percent ad valorem.

Style 429034 falls within textile category designation 352. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and a visa requirement.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Patricia Schiazzano at (212) 466-5866.


Roger J. Silvestri

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