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NY K86168





June 7, 2004

CLA-2-62:RR:NC:N3:360 K86168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010

Mr. Rolando E. Portal
ABC Distributing, LLC
6301 East 10th Avenue
Hialeah, FL 33013

RE: The tariff classification of women's pajamas and robes from China or Hong Kong

Dear Mr. Portal:

In your letter dated May 11, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style 322363 consists of a pair of women’s pajamas and a robe constructed from 100 percent polyester satin woven fabric. The pullover pajama top features a v-shaped neckline, adjustable shoulder straps and a curved hemmed bottom. The pull-on pajama bottom features a covered elasticized waist and short hemmed legs. The kimono-styled robe features short sleeves, inside tie, self-fabric belt loops and full front opening and a tie belt.

The applicable subheading for the pajamas 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 percent ad valorem.

The applicable subheading for the robe 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 percent ad valorem.

The pajamas fall within textile category designation 651 and the robe falls within textile category designation 650. Based upon international textile trade agreements products of China or Hong Kong 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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