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NY C85922

April 14, 1998

CLA-2-62:RR:NC:TA:360 C85922


TARIFF NO.: 6208.22.0000

Ms. Lydia Yim
New Leader International, Inc.
9 Sloan Place
Brooklyn, NY 11223

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

Dear Ms. Yim:

In your letter dated March 27, 1998, you requested a classification ruling. The samples submitted with your request will be returned under separate cover.

Style 204 is a two piece pajama set constructed from 100 percent polyester woven fabric. The top portion consists of a camisole-type garment that extends from the neck and shoulders to the vicinity of the waist and features adjustable spaghetti straps, a V-neckline with a slit, five bows on the center of the front panel that hold the slit closed, and a curved, hemmed bottom. The bottom portion consists of tap pants made from the same woven polyester fabric as the camisole. The tap pants have a fully elasticized covered waistband and wide leg separations with a rounded hemmed bottom. Both articles are loosely cut and widely flared.

Style 205 is a nightgown constructed from 100 percent polyester woven fabric. The garment extends to the mid-thigh and features adjustable spaghetti straps, a V-neckline with a slit and four bows on the center of the front panel that hold the slit closed and a flared bottom. There is a one-inch wide self-fabric facing which is not sewn down around the top edge.

The applicable subheading for styles 204 and 205 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's 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 16.6 percent ad valorem.

Styles 204 and 205 fall 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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