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NY 803645

November 14, 1994

CLA-2-62:S:N:N5:360 803645


TARIFF NO.: 6208.29.0020

Mr. Tony Palogudis
American Liaison Group, Inc.
19 West 44th Street
Suite 613
New York, NY 10036

RE: The tariff classification of a woman's nightgown from China

Dear Mr. Palogudis:

In your letter dated October 27, 1994, you requested a classification ruling.

The submitted sample, style 9421797, is constructed from knit and woven components. The woven component is composed of 100 percent silk and the knit component is composed of 88 percent nylon and 12 percent spandex.

The bodice consists of the knit component and features a V-neckline in front and a deep V-neckline in back. The bodice has spaghetti straps and trim of the woven component. The lower portion of the nightgown is of the woven component and extends to just above the ankle with a left side slit that reaches mid-thigh. Based on the information provided in your letter, the weight and value of the woven component clearly predominate over the knit component. Therefore, the woven silk fabric imparts the essential character of the garment.

The applicable subheading for the nightgown will be 6208.29.0020, 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 other textile materials: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.5 percent ad valorem.

The nightgown falls within textile category designation 751. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa.

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. 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 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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