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NY H89783

April 3, 2002

CLA-2-62:RR:NC:TA:358 H89783


TARIFF NO.: 6208.22.0000; 6209.30.3040

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

RE: The tariff classification of nightwear from the Philippines

Dear Ms. Pudjijanto:

In your letter dated March 28, 2002, written on behalf of BabyGap, you requested a classification ruling.

Submitted style 164465, which will be manufactured in sizes for both infants and toddler girls, manufactured from woven fabric of 100% polyester, is a loose-fitting, capped-sleeved, pullover garment, resembling a dress, which fastens together by means of one button across the partial opening at the back of the round neckline.

The submitted sample is being for reference purposes by the U.S. Customs Service.

The applicable subheading for this garment in sizing for infants will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other; and in sizing for toddlers will be 6208.22.0000, which provides for girls’nightdresses, of man-made fibers. The duty rate will be 16.2 per cent ad valorem in either classification

Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Please contact the CPSC regarding compliance.

The nightgown falls within textile category designation 239 in sizing for infants and within 651 in sizing for toddlers. 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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