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NY C86234

May 5, 1998

CLA-2-62:RR:NC:3:TA:355 C86234


TARIFF NO.: 6207.21.0030, 4202.92.1500

Ms. Ludene Murphree
The Gap, Inc.
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of a woven cotton pouch and men's woven cotton pants and shirts from Peru.

Dear Ms. Murphree:

In your letter dated April 3, 1998 you requested a tariff classification ruling. As requested your samples are being returned to you.

Two samples were submitted. Style 407918 consists of a pair of men's woven cotton pajamas and a woven cotton pouch. The pajama top is a V-neck pullover with short sleeves, a hemmed bottom and a breast pocket. The pajama pants have a covered drawstring waist, a fly front opening without a closure, hemmed leg bottoms and a rear pocket. The pouch is the same color and fabric as the pajamas. It has a covered drawstring closure and is 14 inches deep and fourteen inches wide.

The cotton pouch is designed to provide storage and protection both while traveling and at home. The pouch is not of a kind normally sold at retail with the contents. The classification of the pouch is similar to that of New York ruling B86469, dated July 6, 1997, and New York ruling A83096, dated May 28, 1996. It is classified separately.

The applicable subheading for the pajamas submitted will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's woven cotton pajamas not having two or more colors in the warp and/or the filling. The rate of duty will be 9.3% ad valorem.

The applicable subheading for the travel bag submitted will be 4202.92.1500, HTS, which provides for travel bags not of pile or tufted construction, of cotton. The rate of duty is 6.8% ad valorem.

The pajamas submitted fall within textile category designation 351. The travel bag submitted falls within textile category designation 369. Based upon international textile trade agreements, products of Peru are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Gerard Shea at 212-466-5878.


Robert B. Swierupski

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