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NY D85608

December 10, 1998

CLA-2-62:RR:NC:TA:360 D85608


TARIFF NO.: 6208.22.0000

Ms. Wendy Toner
Cerie Intimates
36 Nathan Lane
Plymouth, MN 55441

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

Dear Ms. Toner:

In your letter dated December 1, 1998, you requested a classification ruling.

Style 84-0116 is a woman's nightgown constructed from 100 percent polyester woven fabric. The garment features a shaped neckline, an empire waist, an embroidered and decoratively trimmed bodice, self fabric ties and elasticized side and back top edges.

Style 84-0208 is a woman's nightgown constructed from 100 percent polyester woven fabric. The garment features a scooped neckline, 1/4 inch wide adjustable shoulder straps, an empire waist. The bodice has embroidered lace appliques.

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 16.6 percent ad valorem.

Both styles 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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