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NY J88853




October 20, 2003

CLA-2-62:RR:NC:N3:360 J88853

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6108. 32.0010

Ms. Dawn M. Dooriss
GJM - Division of Luenthai
149 Madison Avenue - 11th Floor
New York, NY 10016

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

Dear Ms. Dooriss:

In your letter dated September 19, 2003, you requested a ruling on tariff classification.

The submitted sample, style 10028, is a woman’s nightgown constructed from 100 percent polyester woven fabric. The garment features adjustable shoulder straps, a shaped front neckline and a back V-neckline. The body of the garment is pleated.

The submitted sample, style 21021, is a woman’s nightgown composed of knit and woven components. Each component is constructed from 100 percent polyester fabric. The garment extends to the knee and features adjustable shoulder straps and a shaped front neckline. An embroidered knitted panel that extends over the garment at the front characterizes the garment. The essential character of the garment is imparted by the embellished knitted fabric.

In your letter you suggest that style 21021 is classifiable under subheading 6108.11.0010, HTS, as a slip. Style 21021 is an intimate apparel garment, but it has features that are inconsistent with garments classified as slips. Based upon its appearance it is similar to garments sold as sleepwear, and is therefore classified under heading 6108, HTS, as a nightgown.

The applicable subheading for style 10028 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s nightgowns of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for style 21021 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgowns of man-made fibers. The rate of duty will be 16.1% ad valorem.

Both garments fall within textile category designation 651. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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