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NY 851949

May 17, 1990

CLA-2-62:S:N:N3-I:360 851949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Andrew P. Vance, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of a woman's sleepwear garment from the People's Republic of China.

Dear Mr. Vance:

In your letter dated April 26, 1990, on behalf of your client, Val Mode Lingerie, Inc., you requested a tariff classification ruling.
The submitted sample, style number 5674, which you describe as a "one piece culotte teddy", is a woman's sleepwear garment that is cut and sewn from 100% polyester satin fabric printed with polka dots. You state that the garment, in its imported condition, will actually be cut and sewn from 100% polyester woven fabric with a "tan print", and have enclosed a swatch of the intended fabric. The garment is joined between the legs and covers the torso from the top of the bust to the vicinity of the midthigh. It is supported on the body by very thin ("spaghetti") shoulder straps, which criss-cross on the back. The curved top edge on the front is trimmed with two oval-like sections of very sheer, solid-colored fabric. An embroidered, circular design, measuring 1 3/4" in diameter, adjoins the top edge and has a three-inch-long tassel stitched to and suspended from its (the design's) bottommost point. The leg openings are finished with small, turned-up hems. The sample is being returned under separate cover.

The applicable subheading for the garment 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 garment falls within textile category designation 651. Based upon international textile trade agreements, products of the People's Republic of China 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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