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NY 810287





May 18, 1995

CLA-2-62:S:N:N5:360 810287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Ms. Susan Kearney Duffy
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of women's woven sleepwear from China

Dear Ms. Kearney-Duffy:

In your letter dated April 27, 1995, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style CHBS-GN-5025 consists of two garments constructed from 100 percent polyester woven fabric. The camisole features 1 1/2 inch wide shoulder straps, an embroidered design around the slightly v'd neckline and on the bodice and a curved hemmed bottom. The garment extends below the waist. The tap pant features an elasticized waist, wide leg openings with sheer chiffon fabric at the sides and around the leg openings.

Style CHBS-GN-5027 is a teddy. The teddy features 2 inch wide shoulder straps, a three snap closure and an embroidered design around the slightly v'd neckline and on the bodice. The teddy also has sheer chiffon fabric around the wide leg openings.

In your letter you indicate that these items were designed for Wal-Mart as sleepwear and will be sold in the sleepwear department along with a robe and chemise.

The applicable subheading for both styles will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The duty rate will be 16.9 percent ad valorem.

Both styles fall within textile category designation 651. Based upon international textile trade agreements products of China are subject to a visa requirement and to quota restraints.

The designated textile and apparel categories 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
New York Seaport

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