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NY J82626




April 23, 2003

CLA-2-62:RR:NC:N3:360 J82626

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

Ms. Linda Moyer
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman's nightgown and bed jacket from Hong Kong

Dear Ms. Moyer:

In your letter dated April 3, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style PB3A133S is a woman’s bed jacket constructed from 100 percent polyester woven fabric. The garment features 3/4length sleeves, a collar and a full front opening secured by a satin tie at the neck. The collar, sleeve edges, front opening and garment bottom have a ruffled trim. The garment is lined and extends to the waist.

Style PB3A124S is a woman’s nightgown constructed from 100 percent polyester woven fabric. The garment features drawstring neckline, adjustable shoulder straps and a ruffled trim at the hem. The garment extends to the ankle.

The applicable subheading for style PB3A133S 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 16.1 percent ad valorem.

The applicable subheading for style PB3A124S 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, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

Style PA3A133S falls within textile category designation 650 and style PA3A124S falls within textile category designation 651. Based upon international textile trade agreements products of Hong Kong that fall within 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 quota restraints or a visa requirement.

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 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.).

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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