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NY H83834

August 14, 2001

CLA-2-61:RR:NC:TA:361 H83834


TARIFF NO.: 6104.62.2011; 6109.10.0060

Ms. Fifi Pudjijanto
Classification Specialist
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of women’s garments from Guatemala and South Korea.

Dear Ms. Pudjijanto:

In your letter dated July 20, 2001, you requested a classification ruling for women’s garments. Samples were provided and will be returned, as you requested.

Two styles were submitted. Both of the garments are constructed from 100% cotton knit fabric.

Style 133231 is a woman’s sleeveless tank top. The tank top has ¼ inch shoulder straps; a modified U-shaped neckline in front and back; and a plain, hemmed bottom.

Style 134661 is a pair of women’s pull-on pants. The pants have an elasticized waistband with a drawstring and hemmed leg openings.

You have referred to these garments as sleepwear, however, based both on their appearance, and the manner in which they are marketed, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

The applicable subheading for style 133231 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: Of Cotton: Women's. The rate of duty will be 17.8 percent ad valorem.

The applicable subheading for style 134661 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit trousers of cotton. The rate of duty will be 15.4 percent ad valorem.

Style 133231 falls within textile category designation 339; style 134661 falls within textile category designation 348. Based upon international textile trade agreements products of Guatemala and South Korea 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.


Robert B. Swierupski

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