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NY B85780





June 12, 1997

CLA-2-62:RR:NC:TA:360 B85780

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.91.1010

Ms. Kathy Redey
Eddie Bauer
P.O. Box 97000
Redmond WA 98073-9700

RE: The tariff classification of a woman's robe and sleepwear from China

Dear Ms. Redey:

In your letter dated May 16, 1997, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

All samples submitted are constructed from 100 percent cotton woven flannel.

Style 045-4870 (regular) is a robe that features long sleeves, a shawl collar, two patch pockets below the waist, a full front opening secured with a self fabric belt and an inside tie. The robe also has two patch pockets below the waist and has piping around the sleeve edges and partially around the collar. The robe is lined with cotton knit terry fabric. The robe will also be imported under style numbers 045-4871(petite), 045-4872(tall) and 015-2004.

Style 045-4867 (regular) is a nightgown that features empire styling, long sleeves, a round neckline and a partial front opening secured by five buttons. The garment extends to the calf. The gown will also be imported under style numbers 045-4868 (petite) and 045-4869(tall).

Style 045-4856 (regular) is a pair of pajamas. The pajama top features long sleeves, a collar, and a full front opening secured by six buttons. The garment also has one chest pocket and side vents. The pajama bottom has an elasticized drawstring waist and long hemmed legs. The pajamas will also be imported under style numbers 045-4857 (petite), 045-4858 (tall) and 015-1986.

Style 045-4859 (regular) is a pair of pajamas. The pajamas are identical in styling to the above except that it is made in printed fabric instead of yarn-dyed fabric. The pajamas will also be imported under style numbers 045-4860 (petite) and 045-4865 (tall).

Style 045-4862 (regular) is a pair of pajamas. The pajama top features long sleeves, a collar and a full front opening secured by six buttons. The garment also has one chest pocket and side vents. The pajama bottom has an elasticized drawstring waist and long hemmed legs. The pajamas will also be imported under style numbers 045-4864 (petite), 045-4865 (tall) and 015-2001.

The applicable subheading for the style 045-4870 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: women's. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for styles 045-4867, 045-4856 and 045-4862 will be 6208.21.0010, 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: with two or more colors in the warp and\or the filling. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for style 045-4859 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 duty rate will be 9.3 percent ad valorem.

Style 045-4870 falls within textile category designation 350; styles 045-4867, 045-4856, 045-4859 and 045-4862 fall within textile category designation 351. Based upon international textile trade agreements products of China are subject to a visa requirement and 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. 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. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466 - 5866.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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