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NY I84847




August 30, 2002

CLA-2-61:RR:NC:WA:361 NY I84847

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Johanna Jin
J.W.E. Silk, Inc.
18 Madison Avenue, 16th Fl.
New York, NY 10016

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

Dear Ms. Jin:

In your letter dated August 1, 2002, you requested a tariff classification ruling.

The submitted sample, Style #L2104058, is a woman’s nightgown. The garment is predominately constructed from 96% nylon, 4% spandex mesh knit fabric. The bodice is constructed from 91% nylon, 9% spandex knit openwork fabric. The garment extends above the knee and features a v-neckline in front, spaghetti straps and a hemmed bottom with side slits.

The garment, based on appearance, is considered sleepwear, classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for Style #L2104058, 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 #L2104058, falls within textile category designation 651. Based upon international textile trade agreements, this category from China 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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