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NY I81654




June 13, 2002

CLA-2-61:RR:NC:WA:361 NY I81654

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Kevin Maher
C-Air
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Maher:

In your letter dated May 13, 2002, on behalf of your client Jolie Intimates, you requested a tariff classification ruling.

The submitted sample, Style #88235, is a woman’s nightgown constructed from 100% polyester mesh knit fabric. The garment is sleeveless, extends to mid-thigh and features a v-neckline with a velvet bow stitched to the front, a straight back, spaghetti straps, and an overlock stitched bottom.

Based on the appearance of the garment, the garment is considered sleepwear, classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for Style #88235, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown of man-made fibers. The rate of duty will be 16.2% ad valorem.

Style #88235, falls within textile category designation 651. Based upon international textile trade agreements this category, from Macau is not subject to quota restraints, but is subject to 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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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