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NY H84603




September 4, 2001

CLA-2-62:RR:NC:TA:360 H84603

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.29.9030

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Ms. Buckman:

In your letter dated August 21, 2001, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

All of the garments are constructed from 55 percent linen and 45 percent cotton woven fabric.

Style PA2A041S is a woman’s nightgown. The garment is sleeveless and features a V-neckline and a straight hemmed bottom. The nightgown is embellished with decorative stitching at the neckline and hem.

Style PA2A040S is a pair of women’s pajamas. The pajama top is sleeveless and features a collar, side vents and a full front opening secured by four buttons. The collar and the hem are embellished with decorative stitching. The pajama bottom features an elasticized waist and short hemmed legs. The legs are embellished with decorative stitching.

Style PA2A042S is a pair of women’s pajamas. The pajama top is sleeveless and features a collar, side vents and a full front opening secured by five buttons. The collar and the hem are embellished with decorative stitching. The pajama bottom features an elasticized waist and long legs. The legs are embellished with decorative stitching at the bottom.

Style PA2A039S is a pair of pajamas. The pajama top features long sleeves, a collar, side vents and a full front opening secured by five buttons. The collar and the hem are embellished with decorative stitching. The pajama bottom features an elasticized waist and long legs. The legs are embellished with decorative stitching at the bottom.

The applicable subheading for all styles will be 6208.29.9030, 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 other textile materials: other: other. The rate of duty will be 7.2 percent ad valorem.

All styles fall within textile category designation 851. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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