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NY B84056





May 5, 1997
CLA-2-62:EPI25 B84056

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0020; 6208.91.1010

Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park, Bldg. C-1D 145th Avenue & Hook Creek Blvd.
Valley Stream, New York 11581

RE: The tariff classification of women's nightgowns and robes from India.

Dear Ms. Kearney:

This ruling replaces the previously issued letter dated April 29, 1996. In your letter dated March 28, 1997 you requested a tariff classification ruling on behalf of Elias Sayour Co., Inc.

Style 77203 is a woman's robe constructed of a woven 100% cotton fabric. The robe features a full front opening secured by nine buttons and a hemmed bottom which extends below the calf. The garment has long sleeves with elasticized ruffled cuffs and a scalloped, embroidered neckline with a 1/2" wide ribbon decoratively woven through the upper bodice which can be tied closed over the button closure.

Style 77202 is a woman's nightgown constructed of a woven 100% cotton fabric. The sleeveless, pullover nightgown features a scalloped, embroidered neckline with a 1/2" wide ribbon decoratively woven through the upper bodice which can be tied in the center front. The garment has hemmed armholes and a hemmed bottom which extends below the calf. Style 77202 will be sold as part of a set with style 77203.

Style 77201 is a woman's robe constructed of a woven 100% cotton fabric. The robe features a full front opening secured by nine buttons and a ruffled hemmed bottom which extends below the calf. The garment has long sleeves with elasticized ruffled cuffs and embroidery with sewn down pleating on the upper bodice. The garment has a lacy edge sewn into the neckline and the sleeve cuffs.

Style 77200 is a woman's nightgown constructed of a woven 100% cotton fabric. The sleeveless, pullover nightgown features a partial front opening secured by three buttons and has embroidery with sewn down pleating on the upper bodice. The garment has a lacy edge sewn into the neckline and the armholes and has a hemmed bottom which extends below the calf. Style 77200 will be sold as part of a set with style 77201. Although you mention that these items are expected to be shipped as sets, if they arrive as separates, the classification of the articles will not be effected. The samples submitted for Customs examination will be returned to you under separate cover.

The applicable subheading for the robes, styles 77203 and 77201, will be 6208.91.1010, 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: other: of cotton: other: women's. The rate of duty will be 8.2%.

The applicable subheading for the nightgowns, styles 77202 and 77200, will be 6208.21.0020, 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 cotton: other: women's. The rate of duty will be 9.3%.

The robes fall within textile category designation 350 and the nightgowns fall within textile category designation 351. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Carol Rackley
Acting Service Port Director

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