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NY I83935




July 29, 2002

CLA-2-62:RR:NC:N3:360 I83935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000, 6208.92.0010

Rolando E. Portal
Import Compliance Manager
ABC Distributing, Inc.
6301 East 10th Avenue
Hialeah, FL 33013

RE: The tariff classification of a women’s woven robe and nightgown from China

Dear Mr. Portal:

In your letter dated June 27, 2002 you requested a classification ruling.

The submitted garments, designated as item 191492, consist of a women’ robe and nightgown made from 100% polyester woven fabric. The nightgown features adjustable shoulder straps approximately ¼ inch in width, a V shaped front neckline and a curved bottom. The robe extends to the knees and features long sleeves and a self-fabric belt.

Based upon the appearance of the garments and the manner in which they will be advertised and sold, we agree that the garments fall under heading 6208, HTS. You further contend that the garments, because they are designed with the same fabric design and will be sold together as a set at retail, should be classified under one tariff number. We do not agree with your assertion. Item # 191492, consists of two garments, a nightgown and a robe. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified.

The applicable subheading for the nightgown will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s nightdresses of man-made fibers. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the robe will be 6208.92.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s robes of man-made fibers. The duty rate will be 16.2 percent ad valorem.

The nightgown falls within textile category designation 651 and the robe under textile category designation 650. Based upon international textile trade agreements category 651 from China is subject to quota 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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