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NY 817087

December 29, 1995

CLA-2-62:RR:NC:WA:360 817087


TARIFF NO.: 6208.91.3010

Mr. William F. Sullivan
MSAS Customs Logistics Inc.
248-06 Rockaway Boulevard
Jamaica, NY 11422

RE: The tariff classification of a women's sleep top from Hong Kong

Dear Mr. Sullivan:

In your letter dated October 27, 1995 and follow-up submision received in this office on November 29, 1995, you requested a classification ruling on behalf of Newport News, Inc. The sample submitted with your request will be returned to you under separate cover.

Style L0234 is a sleep top constructed from 100 percent cotton flannel woven fabric. The garment is approximately 27 inches long and features a full front opening secured by five buttons, a pointed collar, short hemmed sleeves, a breast pocket and a shirttail bottom. The garment coordinates with style L0235, a boxer-styled sleep short and will be imported and sold separately as part of a mix and match marketing strategy. You have indicated that the garment is intended to be worn as sleepwear and will be sold in the intimate apparel department along with a coordinating bra and panty, as well as, the sleep short.

The applicable subheading for style L0234 will be 6208.91.3010, 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: of cotton: other: women's. The duty rate for 1996 will be 11.8 percent ad valorem.

Style L0234 falls within textile category designation 352. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

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. 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 that 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 available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 Patricia Schiazzano at (212) 466 - 5866.


Roger J. Silvestri

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