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NY C80852




November 13, 1997

CLA-2-62:RR:NC:TA:360 C80852

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Mr. John A. Terc
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of women's woven garments from China and/or Hong Kong

Dear Terc:

In your letter dated October 8, 1997, you requested a classification ruling. The garments submitted with your ruling will be returned under separate cover.

Five styles, designated as styles 3408, 4600, 4601, 4602 and 4606 were submitted with your request. Each style consists of a camisole and matching tap pant made from 100 percent polyester satin woven fabric. All of the camisoles have spaghetti shoulder straps, a top edge finished with a 1 inch wide facing which is not sewn down and are cut straight across the back. The tap pants for all styles are similarly designed, with the exception of style 4602, and feature an elasticized waistband and widely flared leg openings.

The camisole for style 3408 has embroidered straps that are approximately 1/2 inch in width. The garment features an embellished, openwork insert at the front neckline and a straight, hemmed bottom. The top edge is also embroidered.

The camisole for style 4600 has adjustable spaghetti straps, approximately 1/4 inch in width and facing around the top edge. It has a hemmed bottom that flares at the sides.

The camisole for style 4601 has adjustable spaghetti straps, approximately 1/4 inch in width, an embroidered, scalloped bottom edge and a scalloped neckline with openwork fabric and embroidery. The left leg of the pant features the embroidered openwork design found on the camisole.

The camisole of style 4602 has spaghetti straps 1/4 inch in width, a V-shaped neckline, and a straight hemmed bottom. It has a partial front opening which is secured by frogs. The pants have side slits and at the right leg opening is a frog closure.

The camisole of style 4606 has spaghetti straps that criss-cross at the rear and a U shaped front neckline. It consists of two layers: a solid colored charmuse fabric underlayer and a georgette printed top layer. There is capping on the top edge and the hemmed bottom flares at the sides.

The information you have provided does not substantiate your claim that these garments are classifiable as underwear. In addition, the garments contain features that would make them unsuitable for use as underwear. The tap pants are loose fitting with very wide leg openings and the camisoles are blousey and contain items, such as frogs, which would inhibit the drapability of outerwear. As such, they are excluded from classification under subheading 6802.92.0030, Harmonized Tariff Schedule of the United States (HTS). The garments, however, due to their ample cut and design are similar to camisole and tap pant sets typically sold as sleepwear.

The applicable subheading for styles 3408, 4600, 4601, 4602 and 4606 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' nightdresses and pajamas: of man-made fibers. The duty rate will be 16.7 percent ad valorem.

Styles 3408, 4600, 4601, 4602 and 4606 fall within textile category designation 651. Based upon international textile trade agreements products of China and/or Hong Kong 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,

Robert B. Swierupski
Director,

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