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NY K85240




May 28, 2004

CLA-2-62:RR:NC:N3:360 K85240

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1010

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a woman's robe from China

Dear Ms. Trimble:

In your letter dated May 14, 2004, you requested a tariff classification ruling on behalf of August Silk Inc.

The submitted sample, style N585, which is commercially known as a “Couch Cuddler”, is a lounging garment similar to a robe. The garment is constructed from 100 percent cotton flannel woven fabric. The garment extends from the wearer’s neck to the ankles and features a zip front opening that extends from the neck to the waist and long sleeves with rib knit cuffs. The bottom of the garment is closed, except for two “foot holes” with rib knit cuffs which permit the wearer to walk in the garment. This garment is not intended to be worn either outside the home or at home for more formal occasions. Therefore, in its use and construction, it is similar to a robe or dressing gown.

The applicable subheading for style N585 will be 6208.91.1010, 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 cotton: bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 7.5 percent ad valorem.

Style N585 falls within textile category designation 350. Based upon international textile trade agreements products of China are currently subject to quota restraints but is not subject to 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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