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NY K85385




April 27, 2004
CLA-2-61:RR:NC:WA:361 NY K85385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Cindy R. Taber
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of a woman’s nightdress from China or other countries.

Dear Ms. Taber:

In your letter dated April 8, 2004, on behalf of your client Kellwood Company, you requested a classification ruling for a woman’s nightdress.

The nightdress, style 513755, is constructed from 65 percent polyester, 35 percent cotton knit fabric. The ankle length garment has long sleeves, a partial front opening with snap closures, flat pockets, and a hemmed bottom with side vents. The garment was examined at our meeting on April 8, 2004, and returned to you at that time.

Based on appearance, and the merchandising information you have provided, the garment is considered sleepwear, classified in heading 6108.

The applicable subheading for the nightdress, style 513755, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of man-made fibers. The rate of duty will be 16% ad valorem.

Style 513755 falls within the textile category designation 651. Based upon international textile trade agreements products of China are subject to quota 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, 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. 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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