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NY 851953

May 11, 1990

CLA-2-62:S:N:N3-I:360 851953

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 women's woven sleepwear 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.
Style number 7674 is a woman's chemise-style nightdress which is cut and sewn from 100% polyester satin fabric. The garment is supported on the body by very thin ("spaghetti") shoulder straps and covers the torso from the top of the bust to below the midthigh. It has a curved top edge, on the front, which is trimmed with two oval-like sections of very sheer, contrast-colored fabric. The garment also has an embroidered circular design, measuring 1 3/4" in diameter, which adjoins the top edge and has a three-inch-long tassel stitched to and suspended from its bottommost point; and a slightly curved, hemmed, bottom edge. You state in your letter that, "(When this garment is made from a print fabric, it will be imported as style number 6674.)." Since no sample of style number 6674 was actually submitted, a tariff classification ruling on this style cannot be issued.

Style number 3084 is also a woman's chemise-style nightdress which is cut and sewn from 100% polyester satin fabric. The garment is supported on the body by very thin ("spaghetti") straps and covers the torso from the top of the bust to below the midthigh. It has a V-shaped top edge, on the front, which is trimmed with twelve self-fabric loops that, collectively, form a scalloped edge; and a slightly curved, hemmed, bottom edge.

The samples are being returned under separate cover. The applicable subheading for style numbers 7674 and 3084 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.

Both styles fall 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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