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HQ 950689

June 30, 1992

CLA-2 CO:R:C:T 950689 CMR


TARIFF NO: 6208.11.0000

Alan Klestadt, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, New York 10017

RE: Classification of certain garments manufactured by G.J.M. (U.S.), Inc.; slips v. sleepwear; 6208.11.00, HTSUSA v. 6208.22.00, HTSUSA

Dear Mr. Klestadt:

This ruling is in response to a request originally submitted by Rode & Qualey on November 12, 1991, on behalf of G.J.M. (U.S.), Inc., regarding the proper classification of certain garments known as chemises. This office received your letter of June 24, 1991, notifying us that your firm is now representing G.J.M. in regard to this matter.


Five styles, VS-2833 (G.J.M. 28345), G.J.M. 28413 (1021), VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M. 19019, were submitted for review. All five styles are made of 100 percent woven polyester fabric.

Style VS-2833 (G.J.M. 28345) is a chemise styled garment and features spaghetti shoulder straps, a large lace insert extending eleven inches down from the lace edged V-neckline and a two- layered bottom flounce made of sheer fabric.

Style G.J.M. 28413 is a flared chemise styled garment and features double spaghetti shoulder straps, a large V-shaped lace insert extending from the V-neckline, and a hemmed bottom.

Style VS-5008 (G.J.M. 28415) is a chemise styled garment and features a scalloped lace insert which extends down from the V- shaped neckline, a shirttail bottom with scalloped lace at the
front side edges and woven capping along the top of the garment. The capping extends from the top and back of the garment to form adjustable shoulder straps.

Style G.J.M. 28409 features braided thin straps, a slightly gathered side-drape on the front, lace inserts at the top of the garment, from the waist to the hip and at the bottom.

Style G.J.M. 19019 is a chemise styled garment and features spaghetti shoulder strap, lace edging along the top of the garment and a flounce or ruffle of sheer fabric at the bottom connected to the body of the garment by a lace insert.


Are the submitted garments classifiable as slips or as sleepwear?


This case is related to the matter addressed in HRL 950503 of June 19, 1992. In fact, you have represented to Customs that this matter is identical in all material respects to that addressed in HRL 950503 and that the submissions filed by your firm on behalf of Mast Industries (Far East) Ltd. in connection with that case in regard to the design, marketing and sale of slips for Victoria's Secret, Cacique Lingerie and Lane Bryant are equally applicable to the garments imported by G.J.M. (US), Inc. for those customers.

Therefore, as this case is identical in all material respects to HRL 950503 with the exception that the importer in this case is G.J.M. and the importer in HRL 950503 was Mast Industries, it is our view that the decision in HRL 950503 is equally applicable to the garments at issue herein. A copy of HRL 950503 is attached for your reference.


The garments at issue, styles VS-2833 (G.J.M. 28345), G.J.M. 28413 (1021), VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M. 19019, are classifiable as slips of man-made fibers of subheading 6208.11.0000, HTSUSA, textile category 652, dutiable at 17 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 renegotiations and changes, to obtain the most current information available, we
suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection 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 importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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