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NY H83875




August 6, 2001

CLA-2-62:RR:NC:TA:360 H83875

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000: 6208.92.0010

Mr. Thomas Dove
Brylane
2300 Southeastern Avenue
P.O. Box 1947
Indianapolis, IN 46206-1947

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

Dear Mr. Dove:

In your letter dated July 23, 2001, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 41047 consists of a pair of pajamas and a bed jacket constructed from 100 percent polyester woven fabric. The camisole style pajama top features a V-neckline and adjustable shoulder straps. The top back edge is cut straight across from side seam to side seam. The pajama bottom features an elasticized waist and long hemmed legs. The bed jacket is made from sheer georgette fabric and features long hemmed sleeves and a full front opening secured by one button.

You have indicated that these items will be bought and sold as three piece sets. Based upon the appearance of the garments and the manner in which these garments will be merchandised, the camisole and pants will be classified as pajamas and the bed jacket as a robe under heading 6208, HTS.

The applicable subheading for the pajamas will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for the bed jacket will be 6208.92.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of man-made fibers: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 16.3 percent ad valorem.

The pajamas fall within textile category designation 651 and the bedjacket falls within textile category designation 650. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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