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NY I87584

November 27, 2002

CLA-2-61:RR:NC:WA:361 NY I87584


TARIFF NO.: 6108.32.0010

Mr. Min Hong
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, NJ 07302

RE: The tariff classification of a woman’s nightgown from China.

Dear Mr. Hong:

In your letter dated October 24, 2002, on behalf of your client Hennes & Mauritz, you requested a tariff classification ruling.

The submitted sample, Style #839130, is a woman’s nightgown constructed from 92% nylon, 8% spandex knit fabric. The sleeveless nightgown extends to mid-thigh and features a V-neckline, embroidery at the breast area, elasticized adjustable spaghetti straps, and a scalloped overlock stitched bottom. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for the nightgown, Style 839130, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown of man-made fibers. The rate of duty will be 16.2% ad valorem.

The nightgown, Style 839130 falls within textile category designation 651. Based upon international textile trade agreements, this category from China is subject to visa requirements and quota restraints. 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 Angela DeGaetano at (646) 733-3052.


Robert B. Swierupski
National Commodity

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