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NY D85376




December 22, 1998

CLA-2-62:RR:NC:TA:360 D85376

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.91.1010; 6108.31.0010

Ms. Jeanette Childs
Sears, Roebuck and Co.
3333 Beverly Road, BC-172-A
Hoffman Estates, IL 60179

RE: The tariff classification of women's sleepwear from Indonesia

Dear Ms. Childs:

In your letter dated December 7, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 33919/33920 is a woman's nightgown constructed from 55 percent cotton and 45 percent polyester knitted fabric. The garment features a round neckline, 3/8 inch wide adjustable shoulder straps and a straight hemmed bottom. You have indicated that there will be embroidery on the front of the garment.

Style 33921/33922 consists of an upper body garment constructed from 55 percent cotton and 45 percent polyester knitted fabric and a bottom constructed from 100 percent cotton woven fabric. The upper body garment features a shaped neckline, 3/8 inch wide adjustable shoulder straps and a straight hemmed bottom. You have indicated that there will be embroidery on the front of the garment. The bottom garment is constructed from 100 percent cotton woven fabric and features an elasticized waist with a non-functional tie, two side patch pockets and long hemmed legs.

Style ST2382 consists of an upper body garment constructed from 55 percent cotton and 45 percent polyester knitted fabric. The garment is identical in styling to the above. The bottom garment is constructed from 100 percent cotton woven fabric and features an elasticized waist with a non-functional tie, two side patch pockets and short hemmed legs.

Style ST2385 is a robe constructed from 100 percent cotton woven fabric and features 3/4 length sleeves, a full front opening secured by a self fabric tie belt, two patch pockets and a straight hemmed bottom. The robe extends from the shoulder to mid-thigh.

The applicable subheading for 33919/33920 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: nightdresses and pajamas: of cotton: women's. The duty rate will be 8.8 percent ad valorem.

The applicable subheading for styles 33921/33922 and 2382 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. Effective January 1, 1999, the duty rate will be 9.2 percent ad valorem.

The applicable subheading for style ST 2385 will be 6208.91.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other under shirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: bathrobes, dressing gowns and similar articles: women's. The duty rate will be 8.1 percent ad valorem. Effective January 1, 1999, the duty rate will be 8 percent ad valorem.

Styles 33919/33920, 33921/33922 and ST2382 fall within textile category designation 351 and style ST2385 falls within textile category designation 350. Based upon international textile trade agreements products of Indonesia 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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