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NY J80018




February 7, 2003

CLA-2-61:RR:NC:WA:361 NY J80018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.91.0030

Ms. Amanda Wilson
Dillard’s Inc.
1600 Cantrell
Little Rock, AR 72201

RE: The tariff classification of a woman’s bed jacket, night gowns and pajama sets Hong Kong – correction to ruling I88534.

Dear Ms Wilson:

This letter is being issued to correct an error in NY Ruling I88534. The error concerns the classification of the bed jacket under the incorrect fiber content. This has been corrected below.

In your letter dated November 19, 2002, you requested a classification ruling for seven knit garments.

The submitted samples are described as follows:

Style #S32JN340 - a woman’s pajama set consisting of a top and pants constructed from lightweight 50.4% polyester, 49.6% cotton knit fabric. The top of Style S32JN340 features a v-neckline, a full front opening with a six-button closure, short sleeves, embroidered floral designs at the top of the front panel, and a hemmed bottom. The top also has satin trim around the neckline, down the front opening and around the short sleeves. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

Style #S32JN342 - a woman’s pajama set consisting of a top and pants constructed from lightweight 50.4% polyester, 49.6% cotton knit fabric. The top of Style S32JN342 features a v-neckline, an all-over floral design, a full front opening with a six-button closure, short sleeves, an embroidered floral design stitched across the chest area, and a hemmed bottom. The top also has satin trim around the neckline, down the front opening and around the short sleeves. The pull-on pants feature an all-over floral design, elasticized waistband with a drawstring, and hemmed leg openings.

You have indicated that Styles S32JN340 & S32JN342 will be produced, imported and sold at retail as a set. Based on the appearance of the styles, they are considered sleepwear and classified in heading 6108.

Style #S32GN343 - a woman’s nightgown constructed from lightweight 50.4% polyester, 49.6% cotton knit fabric. The nightgown extends to the knee area and features a square neckline in front, with a satin bow stitched to the center, short sleeves, and embroidered designs below the front neckline, and a hemmed bottom. The garment also has satin trim around the neckline, and sleeves.

Style #S32GN344 - a woman’s nightgown constructed from lightweight 50.4% polyester, 49.6% cotton knit fabric. The nightgown extends to the knee area and features an all-over floral design, a square neckline in front, with a satin bow stitched to the center, short sleeves, and a hemmed bottom. The garment also has satin trim around the neckline, and sleeves.

Based on appearance, Styles S32GN343, and S32GN344 are considered sleepwear, classified in heading 6108.

You have indicated in your letter that the fabric for the styles described above is a blend of 50.4% polyester and 49.6% cotton. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garments.

Style #S32RN490 - a woman’s bed jacket (robe) constructed from lightweight 100% cotton knit fabric. The bed jacket extends below the waistline and features a v-neckline in front, a tie closure at the top of the full front opening, long sleeves, and embroidery stitched across the chest area and above the hem of the sleeves. The bed jacket also has satin trim around the neckline, and around the sleeves.

Based on appearance, style S32RN490 is considered a robe, classified in heading 6108.

The samples were returned in conjunction with the original letter, as you requested.

The applicable subheading for Styles S32JN340 & S32JN342, S32GN343, & S32GN344 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and nightdresses of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

Styles S32JN340 & S32JN342, S32GN343, & S32GN344, fall within textile category designation 651. Based upon international textile trade agreements this category, from Hong Kong is subject to visa requirements and quota restraints.

The applicable subheading for StyleS32RN490 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit robes of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Style S32RN490 falls within textile category designation 350. Based upon international textile trade agreements this category, from Hong Kong is subject not to visa requirements or 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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