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January 29, 1999

CLA-2-61:RR:NC:WA:361 D86327

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Kevin Maher
C Air Customhouse Brokers
153-66 Rockaway Blvd.
Jamaica, NY 11434

Subject: The tariff classification of a woman's nightgown from Korea.

Dear Mr. Maher:

In your letter dated December 28, 1998, you requested a tariff classification ruling for a woman’s nightgown on behalf of Boulevard Apparel Group. The sample is being returned, as you requested.

Style 9215 is a woman’s nightgown constructed from 80% cotton, 20% rayon lightweight knit fabric. The knee length, sleeveless nightgown features an opening that extends from the neck to the waist, with a 5 button closure, a U-shaped neckline with capped and picot edge finish, similarly finished armhole openings, and four inch side slits extending upward from the hemmed bottom of the garment.

Based on the appearance of the garment, as well as the information you submitted concerning the design and marketing of this item, the garment is will be sold to the ultimate consumer as sleepwear.

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

The nightgown falls within the textile category designation 351. Based upon international textile trade agreements, garments imported from Korea 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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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