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NY 805778




Jan. 12, 1995

CLA-2-61:S:N:N5:361 805778

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.39.4000

Mr. William Ortiz
S.J. Stile Associates, Ltd.
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of women's pajamas from Hong Kong.

Dear Mr. Ortiz:

In your letter dated December 29, 1994, you requested a tariff classification ruling for a nightshirt, designated as style NY015. Your sample is being returned, as you requested.

Style NY015 is a woman's nightshirt constructed from 70% silk, 30% cotton knit sheer, lightweight fabric. The pullover top features short capped sleeves, a round capped neckline with a decorative openwork insert, and a shirt tail hemmed bottom. The garment is 36 inches long (size medium). The information you submitted indicates that the garment is designed for wear as a sleep shirt, and will be advertised, merchandised and sold as such.

The applicable subheading for style 705 will be 6108.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted nightdresses and pajamas containing 70% or more by weight of silk. The rate of duty will be 3.7 percent ad valorem.

Style NY015 falls within textile category designation 751. Based upon international textile trade agreements, this category, imported from Hong, is not currently subject to a visa requirement.

You have indicated in your letter that the fabric is a blend of 70% silk/30% cotton. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers.

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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