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NY I83576





July 26, 2002

CLA-2-62:RR:NC:N3:360 I83576

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

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

RE: The tariff classification of women's sleepwear from China and Hong Kong.

Dear Ms. Pitts:

In your letter dated July 9, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

StyleF22JN541 is a pair of women’s pajamas. The pajama top is constructed from 70 percent rayon and 30 percent nylon woven burnout velvet fabric and the pajama bottom is constructed from 100 percent polyester woven fabric. The pullover pajama top features elbow length sleeves, a V-neckline and side vents. The pajama bottom features an elasticized waist and long hemmed legs.

Style F22GN542 is a woman’s nightgown constructed from 70 percent rayon and 30 percent nylon woven burnout velvet fabric. The gown features a shaped front and back neckline, adjustable shoulder straps and side vents.

Style F22RN543 is a woman’s bathrobe constructed from 70 percent rayon and 30 percent nylon woven burnout velvet fabric. The robe features a full lining, a full front opening secured by a self-fabric tie belt, inside ties, side seam pockets and self-fabric belt loops.

Based on the appearance of the garments and the manner in which they will be presented and sold at retail, they are considered sleepwear.

The applicable subheading for styles F22JN541 and F22GN542 will be 6208.22.0000, 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, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style F22RN543 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, 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 16.2 percent ad valorem.

Styles F22JN541 and F22GN542 fall within textile category designation 651 and style F22RN543 falls within textile category designation 650. Based upon international textile trade agreements products of China and Hong Kong 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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