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NY D83990

November 9, 1998

CLA-2-61:RR:NC:WA:361 D83990


TARIFF NO.: 6108.32.0010; 6110.30.3055

Ms. Sandra Tovar
Customs Broker and Compliance Consultant
CST Inc.
P.O. Box 1197
Fayetteville, GA 30214

RE: The classification of a woman's knit nightgown and pullover from Mexico.

Dear Ms. Tovar:

In your request dated October 19, 1998, you requested a tariff classification ruling on behalf of Playtex apparel, Inc. for a woman's nightgown and pullover. The samples are being returned, as you requested.

Style 9657 is a nightgown constructed from 93% nylon, 7% spandex knit openwork mesh fabric. The garment extends from the shoulders to approximately mid thigh, and features spaghetti straps, a v-neckline with lace-like openwork edging, and overlock stitching around the bottom of the garment which creates a scalloped effect - sometimes known as "lettuce edging."

Style 9666 is a pullover constructed from 100% nylon knit openwork lace-like fabric. The pullover features a v-neckline finished with 1/8 inch elastic, short sleeves, and lettuce edging around the sleeves and bottom of the garment.

The applicable subheading for style 9657 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's nightdresses, knitted or crocheted, of man-made fibers. The general rate of duty will be 16.6 percent ad valorem.

The applicable subheading for style 9666 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted, of man-made fibers, women's. The general rate of duty will be 33.3 percent ad valorem.

Style 9657 falls within textile category 651; style 9666 falls within textile category designation 639. Based upon international textile trade agreements, category 651 from Mexico is not subject to a visa requirement or a quota restraint. Category 639 is subject to a visa requirement and a quota restraint if the garment is not originating in accordance Harmonized Tariff Schedule of the United States (HTS) General Note 12.

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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