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NY 887016 june 25, 1993


CLA-2-62:S:N:N5:360 887016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6208.22.0000

Ms. Pamela J.W. Osterland
Radix Group International
1947 Providence Court
College Park, GA 30337

RE: The tariff classification of ladies' sleepwear from the Philippines, Singapore, Sri Lanka, Taiwan and/or Thailand

Dear Ms. Osterland:

In your letter dated June 1, 1993, you requested a tariff classification ruling.

The five submitted samples are of ladies' sleepwear. Your samples will be returned to you as requested.

Articles 80-674 and 20-684 are both constructed from 100 percent woven polyester fabric. Article 80-674 is a sleeveless nightgown that features a low scoop neckline, front and back, four inch shoulder straps, a shirt-tail bottom and it reaches below the knee. Article 20-684 is a sleeveless romper that features, V-neckline front and back. There is a partial front opening secured by three self fabric covered buttons and 3 1/2 inch shoulder straps.

Articles 80-357, 80-360 and 80-361 are all constructed from a 100 percent cotton knit fabric. Article 80-361 is a long sleeved nightgown with a V neckline and reaches below the calf. Article 80-357 is a long sleeved nightgown with a three button closure on the left shoulder. There is a 19 3/4 inch slit on the right side. This garment has a hemmed bottom and reaches below the calf. Article 80-360 is a sleeveless nightgown styled as above but has side slits and reaches below the calf.

The applicable subheading for articles 80-674 and 20-684 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 rate of duty will be 17 percent ad valorem.

The applicable subheading for articles 80-357, 80-360 and 80-361 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Of cotton...Women's. The rate of duty will be 9 percent ad valorem.

Articles 80-674 and 20-684 fall within textile category designation 651. Articles 80-357, 80-360 and 80-361 fall within textile category designation 351. Based upon international textile trade agreements, products of the Philippines, Singapore, Sri Lanka, Taiwan and Thailand 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 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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