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NY 851351

May 7, 1990

CLA-2-62:S:N:N3-I:360 851351

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6208.22.0000; 6108.31.0010

Norman Katz, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of women's sleepwear from the Philippines and Taiwan.

Dear Mr. Katz:

In your letter dated April 9, 1990, on behalf of your client, Fair Oaks Textile Inc., you requested a tariff classification ruling.

Style number 3063/112-6769 (3063/112-6812, in the "Tall" version) is a pair of women's pajamas manufactured from 100% polyester printed satin fabric. The upper component has long sleeves with hemmed edges; a full frontal opening secured by four self-fabric-covered buttons; a shawl collar; and a curved bottom. The lower ("trouser") component has a fully elasticized waist.

Style numbers 7015 and 112-6374 are women's nightgowns which are manufactured from 83% polyester, 17% cotton, satin fabric that is brushed on the inside surface. Style number 7015 features long sleeves with cuffs; a full frontal opening secured by five buttons; a shawl collar; a curved bottom; and two front pleats, extending downward from the shoulder seams, which open to allow for breast feeding. The garment also features contrast- colored piping inserted into the cuff and shoulder seams, the vertical edges of the two front panels, and the outer edge of the collar. Style number 112-6374 features long sleeves with contrast-colored cuffs; a full frontal opening secured by eight self-fabric-covered buttons; a pointed collar; a front yoke; two pentagon-shaped pieces of contrast-colored fabric, stitched into the lower seam of the yoke, which simulate pocket flaps; two front pleats, extending downward from the lower yoke seam, which open to allow for breast feeding; and a curved bottom. Style number 7035 is a woman's pullover nightgown which is manufactured from finely knit fabric composed of 60% cotton and 40% polyester. The garment features long raglan sleeves with contrast-colored rib-knit cuffs; a partial frontal opening secured by four buttons; a wide, contrast-colored, rib-knit crew neckline; two front pleats, extending downward from the neckline, which open to allow for breast feeding; and a curved bottom.

The samples which you have submitted with your inquiry are being returned under separate cover.

The applicable subheading for style numbers 3063/112-6769 (3063/112-6812), 7015, and 112-6374, will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's nightdresses and pajamas of man-made fibers. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style number 7035 will be 6108.31.0010, HTS, which provides for women's knitted or crocheted nightdresses and pajamas of cotton. The rate of duty will be 9 percent ad valorem.

Style numbers 3063/112-6769 (3063/112-6812), 7015, and 112- 6374 fall within textile category designation 651; style number 7035 falls within textile category designation 351. Based upon international textile trade agreements, products of the Philippines and Taiwan are subject to a visa requirement and quota restraints.

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 should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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