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NY 810677




May 26, 1995

CLA-2-61:S:N:N5:361 810677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2010; 6106.20.2010; 6108.92.0030

Ms. Rebecca Chung
Macy's Product Development
11 Penn Plaza
New York, New York 10001

RE: The tariff classification of women's pants, blouse, and robes from Taiwan.

Dear Ms. Chung:

In your letter dated April 28, 1995, you requested a tariff classification ruling for five garments. Your samples are being returned, as you requested.

Styles 3665, 3661, and 3671 are women's robes. Styles 3665 and 3661 will also be imported in women's sizes under the style numbers 4665 and 4661 respectively. All three robes are constructed from 100% spun polyester knit fleece fabric. Style 3665 measures 52 inches in length and features a shawl collar, long sleeves with cuffs, one chest pocket and a full front opening with a self fabric tie closure. Style 3661 measures 48 inches in length and features a rib knit neck, full front opening with snaps, long sleeves with ribbed cuffs and two pockets below the waist. Style 3671 measures 48 inches in length and features a drawstring hood, full front opening with a zipper, long sleeves with a ribbed knit cuffs and a pouch pocket at the center waist.

You have desccribed style 3662 as a two-piece pajama set consisting of a spun polyester knit fleece top and a rib knit pant. The top features a collar, full front opening with buttons, a patch pocket on the left chest, long sleeves with cuffs. The pull on pants are made from 65% polyester, 35% cotton rib knit fabric and feature an elasticized waist and hemmed leg bottom. You have stated that you believe this style is a pajama based on the oversized styling, softness of the fabric, and the fact that it is sold with the robes in the lingerie department as a group of fleece nightwear. However, based on the general appearance of the garment, it is our opinion that it is similar to a lounging pajama, a garment worn at home, but not necessarily in an intimate setting or to bed as sleepwear. As such, it is properly classified as a blouse and pants.

The applicable subheading for styles 3665, 3661, 3671, 4665 and 4661 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted robes of man-made fibers. The rate of duty will be 16.9 percent ad valorem.

The applicable subheading for the top of style 3662 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's blouses of man-made fibers. The rate of duty will be 34.3 percent ad valorem.

The applicable subheading for the pants of style 3662 will be 6104.63.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted pants of synthetic fibers. The rate of duty will be 29.8 percent ad valorem.

Styles 3665, 3661, 3671, 4665 and 4661 fall within textile category designation 650; the top of style 3662 falls within textile category 639; and the bottom of style 3662 falls within textile category 648. Based upon international textile trade agreements, products of Taiwan 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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