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NY J82700




April 15, 2003

CLA-2-62:RR:NC:N3:360 J82700

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

Ms. Alice Liu
Atico International USA Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of women's sleepwear from Bangladesh, Cambodia, China and Hong Kong

Dear Ms. Liu:

In your letter dated March 13, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style C62A0563 is a woman’s nightgown constructed from 100 percent polyester woven fabric. The garment features a shaped front neckline, adjustable shoulder straps, and a shaped bottom. The bodice features velvet burnout design.

Style C62A0564 is a woman’s nightgown constructed from 100 percent polyester woven fabric. The garment features a V-neckline with a partial opening secured by two buttons, adjustable shoulder straps and a shaped bottom.

Style C62A0565 is a woman’s nightgown constructed from 83 percent polyester and 17 percent cotton woven fabric. The garment features a shaped front neckline with a partial opening secured by two self covered buttons and adjustable shoulder straps.

Style C62A0566 is a woman’s robe constructed from 83 percent polyester and 17 percent cotton woven fabric. The kimono-styled garment features short sleeves, a full front opening secured by a self-fabric tie belt, belt loops, two side seam pockets and inside ties.

The applicable subheading for styles C62A0563, C62A0564 and C62A0565 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 16.1 percent ad valorem.

The applicable subheading for style C62A0566 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.

Styles C62A0563, C62A0564 and C62A0565 falls within textile category designation 651 and style C62A0566 falls within textile category designation 650. Based upon international textile trade agreements products of Bangladesh, China and Hong Kong are currently subject to quota restraints and the requirement of a visa. Products from Cambodia that fall within textile category designation 650 and 651 are currently not subject to quota restraints but are subject to 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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