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NY I81449





June 7, 2002

CLA-2-61:RR:NC:WA:361 NY I81449

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Cicki Wallertz
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: The tariff classification of a woman’s nightgown from Brazil.

Dear Ms. Wallertz:

In your letter dated May 7, 2002, you requested a tariff classification ruling.

The submitted sample, Style #SO2-06-023, is a woman’s nightgown constructed from 100% cotton knit fabric. The garment is sleeveless, extends to mid thigh and features a satin bow stitched to v-neckline in front, elasticized spaghetti straps, and lettuce edging at the bottom.

Based on the appearance of the garment, as well as the information you submitted concerning the design and marketing of this item, the garment is considered sleepwear, classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for Style #SO2-06-023, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown of cotton. The rate of duty will be 8.6% ad valorem.

Style #SO2-06-023, falls within textile category designation 351. Based upon international textile trade agreements this category, from Brazil is subject to quota restraints and visa requirements. 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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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