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NY I84482




August 22, 2002

CLA-2-62:RR:NC:N3:360 I84482

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6108.32.0010

Ms. Dana N. Mobley
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of women's sleepwear from Hong Kong

Dear Ms. Mobley:

In your letter dated July 18, 2002 and received on July 23, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Lot number 112-6052 is a woman’s nightgown constructed from 100 percent polyester woven satin. The garment features a draped cowl neckline, shoulder straps and a flared hemmed bottom and a 24-inch side slit.

Lot number 112-1516 is a woman’s nightgown constructed from 94 percent polyester and 6 percent spandex knitted fabric. The garment features a V-neckline, adjustable shoulder straps and a 24-inch front slit.

The applicable subheading for lot number 112-6052 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 rate of duty will be 16.2 percent ad valorem.

The applicable subheading for lot number 112-1516 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of man-made fibers: women’s. The rate of duty will be 16.2 percent ad valorem.

Both styles fall within textile category designation 651. Based upon international textile trade agreements products of Hong Kong 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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