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NY 861571

April 11, 1991

CLA-2-61:S:N:N3I:361 861571

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6208.22.0000

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

RE: The tariff classification of two women's sleepshirts and one pair of women's pajamas from the Philippines.

Dear Mr. Katz :

In your letter dated March 18,1991, on behalf of Fair Oaks Textile Inc.,, you requested a classification ruling.

The submitted sample, style number 1285, is a woman's sleepshirt manufactured from a 60% cotton/40% polyester knit fabric. The sleepshirt features long sleeves with a hemmed trim, a round neckline, a full front opening secured with 6 fabric covered buttons, a hemmed shirt tail bottom and a left breast pocket. There is a woven satin fabric trim on the sleeve ends, the top of the breast pocket, the neckline, and the placket. The garment extends from the neck and shoulder area to the knee.

Style number 3069 is a woman's sleepshirt manufactured from 100% polyester woven fabric: the cuffs, placket (including the fabric bordering each side of the neckline) and top part of the pocket are made up from satin fabric. The garment has long sleeves with cuffs, a full frontal opening secured by five fabric-covered buttons, a V neckline, a patch pocket on the left side of the chest, and a curved bottom.

Style number 3163 is a pair of women's pajamas manufactured from 100% polyester woven fabric: the cuffs, placket (including the fabric bordering each side of the neckline) and top part of the pocket on the upper component are made up from a satin fabric. The upper component has long sleeves with cuffs, a full frontal opening secured by four fabric-covered buttons, a V neckline, a patch pocket on the left side of the chest , and a curved bottom. The lower component, which resembles a pair of pull on trousers, has a fully elasticized waist.

As you have requested, the sample garments are being returned.

The applicable subheading for style number 1285 will be 6108.31.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses of cotton. The rate of duty will be 9 percent ad valorem.

The applicable subheading for styles numbers 3069 and 3163 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.

Style number 1285 falls within textile category designation 351. Style number 3069 and 3163 fall within textile category designation 651. Based upon international textile trade agreements, products of the Philippines are subject to visa requirements 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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