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HQ 086217


April 10, 1990

CLA-2 CO:R:C:G 086217 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Alyssa Feldman
Jaclyn, Inc.
635 59TH Street
West New York, NJ 07093

RE: NYRL 840457 modified. Nightgown;nightdress;sleepwear

Dear Ms. Feldman:

This is in reply to your letter of December 22, 1989, requesting reconsideration of NYRL 840457 of May 30, 1989.

FACTS:

The merchandise at issue consists of one of the three articles classified in NYRL 840457, assembled in Mexico and Haiti; clas sification of the teddy and the robe is not being addressed.

Style AV138 is a woman's finely knit pullover nightgown, composed of 100% nylon fibers, extending from the shoulders to the wearer's ankles. The front of the garment features a deep V- shaped lace insert above the chest. The front section of the two shoulder straps are also constructed of lace fabric. The garment is sleeveless, and contains an elasticized waistband.

In NYRL 840457, we classified this merchandise under subhead ing 6108.92.0010, HTSUSA, as garments "other than," but "similar to," nightdresses and pajamas.

ISSUE:

Whether the nightgown was incorrectly classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA LAW AND ANALYSIS:

Subheading 6108.32, HTSUSA, provides for nightdresses and pajamas, of man-made fibers, knitted or crocheted. Webster's II New
Riverside University Dictionary (Riverside 1984), at 794, defines a night dress as "n. 1. A nightgown." From the same source, a nightgown is defined as "n. A usu. loose garment worn in bed." The instant merchandise conforms to this denotation.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6108.32.0010, HTSUSA, textile category
651, as women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted, nightdresses and pajamas, of man-made fibers, women's. The applicable rate of duty is 17 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas ( Restraint
Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

This notice to you should be considered a modification of NYRL
840457 of May 30, 1989, as to the merchandise described as Style AV138, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 840457 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 840457 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to the release of HRL 086217 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division

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