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NY C82166

December 10, 1997

CLA-2-62:RR:NC:TA:360 C82166


TARIFF NO.: 6208.22.0000

Mr. Bradley H. Shorser
Sears, Roebuck and Company
3333 Beverly Road, BC-223A
Hoffman Estates, IL 60179

RE: The tariff classification of women's sleepwear from China

Dear Mr. Shorser:

In your letter dated November 21, 1997, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Both garments submitted are constructed from 100 percent polyester woven fabric.

Style 14547 (red) is a nightgown that features adjustable shoulder straps, a v-neckline, lace bra cups, a lace insert around the hip area and a lace trimmed bottom. The garment extends from the shoulder to mid-thigh. Style 14548 is identical in styling to 14547 but is black in color.

Although you refer to these garments as slips and indicate that they will be sold in the intimate apparel department, the lack of advertising and promotional material precludes classification as slips.

The applicable subheading for both styles 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 duty rate will be 16.7 percent ad valorem. As of January 1, 1998, the duty rate will be 16.6 percent ad valorem.

Both styles falls within textile category designation 651. 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 Part 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.


Robert B. Swierupski

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