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NY 862416

April 29, 1991

CLA-2-62:S:N:N:3-I:360 862416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.21.0010

Ms. Linda Evans
Mathew Evans, Inc.
55 Park Rd.
Chelmsford, MA 01824

RE: The tariff classification of women's nightshirts from India.

Dear Ms. Evans:

In your letter dated April 8, 1991, you requested a classification ruling.

The submitted samples, style numbers 8830, 8652, and 8654, are women's nightshirts, manufactured from 100% cotton woven fabric.

Style number 8830 has long sleeves with cuffs; a full frontal opening secured by five buttons; a notched collar; lapels; piping inserted around the edge of the collar and lapels, in the cuff and shoulder seams, and in the vertical edges of the front panels; and rounded tails. The garment also has a concealed slit on each side of the chest, to facilitate breast feeding.

Style number 8652 is pullover-styled, and has long sleeves with lace trim at the edges of the cuffs; a partial frontal opening secured by a five-button placket; a pointed collar, also trimmed with lace around its edge; a front yoke; and rounded tails. The garment also has a concealed slit on each side of the chest, to facilitate breast feeding.

Style number 8654 is pullover-styled, and has long sleeves with openwork warp-knit fabric trim on the cuffs; a partial frontal opening secured by a four-button placket; a pointed collar trimmed with openwork warp-knit fabric; a collar band; an inverted pleat extending downward from the bottom of the placket; and rounded tails. The nightshirt also has two overlays on the front (one on each side of the placket), also constructed from openwork warp-knit fabric, which simulate a dickey.

The applicable subheading for style numbers 8830 and 8654 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's cotton nightdresses and pajamas. The rate of duty will be 9.5 percent ad valorem. The applicable subheading for style number 8652 will be 6208.21.0010, HTS, which provides for women's cotton nightdresses and pajamas, with two or more colors in the warp and/or the filling. The rate of duty will be 9.5 percent ad valorem.

All three styles fall within textile category designation 351. Based upon international textile trade agreements, products of India 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

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