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NY K80191




November 25, 2003
CLA-2-61:RR:NC:WA:361 NY K80191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Johanna Jin
J.W.E. Silk Inc.
180 Madison Avenue, 16th Fl.
New York, NY 10016

RE: The tariff classification of woman’s knit nightgown from China.

Dear Mr. Jin:

In your letter dated October 27, 2003, you requested a classification ruling.

The submitted sample, Style #GE-241, is a woman nightgown constructed from 100% nylon open-work knit fabric with embroidery. The sleeveless garment extends from the neck to the knee and features a V-neckline in front, elasticized adjustable spaghetti straps. and overlock stitching, creating a “lettuce edge”, finishing the bottom.

Based on its appearance, the garment is considered sleepwear and classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for the nightgown, Style GE-241, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses, of man-made fibers, women’s. The rate of duty will be 16.1% ad valorem.

The nightgown, Style GE-241 falls within textile category designation 651. Based upon international textile trade agreements this category, from China is subject to quota restraints and visa requirements.

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. 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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