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NY H83979




August 7, 2001

CLA-2-62:RR:NC:TA:360 H83979

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.29.1000; 6208.92.0010

Ms. Rita Pitts
Dillard's, Inc.
1600 Cantrell Road
Little Rock, AR 72201

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

Dear Ms. Pitts:

In your letter dated July 18, 2001, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 142L4515 is a woman’s nightgown composed of two components. The bodice is constructed from 82 percent rayon and 18 percent silk woven fabric and has a woven lining of 100 percent silk. The remaining portion of the garment is constructed from 100 percent silk woven fabric. The ankle length nightgown features a scooped neckline, spaghetti straps and an empire waist. The silk fabric imparts the essential character of the garment.

Style 142P4512 is a woman’s pajama set constructed from 100 percent silk woven fabric. The pajama top is sleeveless and features a velvet stand up collar, a full front opening secured by four velvet frog-type closures and a hemmed bottom with side vents. The pajama bottom features an elasticized drawstring waist and long legs with side vents.

Style 142S4513 is a woman’s nightshirt constructed from 100 percent silk woven fabric. The pullover garment extends to the knees and features long sleeves, a velvet stand-up collar, a V-neckline secured by a velvet frog-type closure and side vents.

Style 142R4511 is a woman’s bathrobe constructed from 82 percent rayon and 18 percent silk woven fabric. The bathrobe features long sleeves, a lining, a self-fabric belt and belt loops and inside ties and a full front opening.

The applicable subheading for styles 142L4515, 142P4512 and 142S4513 will be 6208.29.1000, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 3 percent ad valorem.

The applicable subheading for style 142R4511 will be 6208.92.0010, 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: other: of man-made fibers: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 16.3 percent ad valorem.

Styles 142L4515, 142P4512 and 142S4513 fall within textile category designation 751 and style 142R4511 falls within textile category designation 650. Based upon international textile trade agreements the pajamas and nightgowns of China are not currently subject to quota restraints or visa requirements. The bathrobe is subject to quota restraints and a visa requirement.

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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