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NY A83151




May 23, 1996

CLA-2-61:RR:NC:WA:361 A83151

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Kathy Redey
Eddie Bauer, Inc.
15010 North East 36th Street
Redmond, Washington, 98052

RE: The tariff classification of women's nightgowns and pajamas from Macau.

Dear Ms. Redey:

In your letter dated May 3, 1996, you requested a tariff classification ruling for a women's nightgown and pajamas. The samples are being returned, as you requested.

Three styles were submitted, all of which are constructed from 100% cotton thermal knit fabric. All of the garments are sized for a comfortable fit. You also noted that these garments will be sold through the Eddie Bauer catalogue, and advertised in a separate section dedicated to bathrobes, pajamas and nightwear.

Style 045-4632 is a woman's nightgown. It features three button opening at the neck, with a right over left closure, and long sleeves. It extends from the neck to the ankles. This style will also be imported as 045-4051 for petite sizes and 045-4652 in tall sizes.

Style 045-4653 is a woman's union suit pajama. The garment extends from the neck to the ankles and features a seven button opening from the neck to the waist area with right over left closure, and long sleeves. This style will also be imported as 045-4654 for petite sizes and 045-4663 in tall sizes.

Style 045-4586 is a woman's pajama set. The pajama top features a full front seven button opening with right over left closure, and long sleeves. The pajama bottom is pull on pants with a 1/2 inch elasticized waistband. This style will also be imported as 045-4594 for petite sizes and 045-4596 in tall sizes.

The applicable subheading for all these styles will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgowns of cotton. The rate of duty will be 8.9 percent ad valorem.

These styles fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from Macau 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Roger J. Silvestri
Director

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