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NY I87265




November 5, 2002

CLA-2-62:RR:NC:N3:360 I87265

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

Ms. Sheila K. Stromberg
Cerie North America, Inc.
7371 Kirkwood Avenue
#136
Maple Grove, MN 55369

RE: The tariff classification of women's sleepwear from China

Dear Ms. Stromberg:

In your letter dated October 8, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 209-0013 is a robe constructed from 100 percent woven polyester chiffon fabric. The garment features long sleeves with a ruffled hem and a lace insert, a V-neckline, a double ruffled collar and a full front opening secured by a button a loop closure.

Style 216-1011 is a pair of women’s pajamas constructed from 100 percent polyester woven georgette fabric. The pajama top features long hemmed sleeves, a V-neckline and side vents. The pajama bottom features an elasticized waist with a self-fabric tie and long hemmed legs.

Style 214-0009 is a woman’s nightgown constructed from 100 percent woven polyester georgette fabric. The garment features a shaped neckline, adjustable shoulder straps and side vents. The garment reaches mid calf.

Style 212-0209 is a woman’s nightgown constructed from a double layer of 100 percent polyester chiffon woven fabric. The garment features a V-neckline, an empire waist and adjustable shoulder straps. The second layer is longer than the top layer. The garment reaches below the calf.

The applicable subheading for styles 216-1011, 214-0009 and 212-0209 will be 6208.22.0000, 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, negligees, 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 209-0013 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, negligees, 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 216-1011, 214-0009 and 212-0209 fall within textile category designation 651 and style 209-0013 falls within textile category designation 650. Products from China that fall within textile category 651 are currently subject to quota restraints and the requirement of a visa. Products that fall within textile category 650 are currently not subject to a visa requirement or to quota restraints.

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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