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NY D81528

September 18, 1998

CLA-2-61:RR:NC:WA:361 D81528


TARIFF NO.: 1209.99.4090; 6108.31.0010

Mr. Eric Jones
C-Air International, Inc.
11222 S. La Cienega Blvd., Suite 100
Inglewood, CA 90304

RE: The classification of women's knit nightgown and seeds from the United Arab Emirates.

Dear Mr. Jones:

In your letter dated August 14, 1998, you requested a classification ruling for a nightgown imported with wild flower seeds, on behalf of Nitches Inc. The garment and seeds are being returned, as you requested.

Style 656533 is a woman's nightgown constructed from 100% cotton lightweight jersey knit fabric. The nightgown, which extends approximately to the knee, features a v-neckline, short sleeves, a patch pocket at the chest, side slits extending upward from the hem approximately six inches, and a hemmed bottom. The neckline and top of the pocket have a 1/4 inch satin trim; the neckline, pocket top and sleeves have picot edging.

The nightgown will be imported, packaged and sold with wild flower seeds. The combination of seeds and nightgown do not meet the requirements of a composite good or a set, so each item - the seeds and the nightgown, will be classified separately.

The applicable subheading for the seeds will be 1209.99.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds...of a kind used for sowing...other. The rate of duty will be 1.65 cents per kilogram.

The applicable subheading for the nightgown will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls...nightdresses...knitted or crocheted, of cotton. The rate of duty will be 8.8 percent ad valorem.

The nightgown falls within textile category designation 351. Based upon international textile trade agreements, products of the United Arab Emirates are subject to a visa requirement and quota restraints.

The designated textile and apparel category 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 Part 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Robert B. Swierupski

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