CLA-2 CO:R:C:T 950689 CMR
TARIFF NO: 6208.11.0000
Alan Klestadt, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017
RE: Classification of certain garments manufactured by G.J.M.
(U.S.), Inc.; slips v. sleepwear; 6208.11.00, HTSUSA v.
6208.22.00, HTSUSA
Dear Mr. Klestadt:
This ruling is in response to a request originally submitted
by Rode & Qualey on November 12, 1991, on behalf of G.J.M.
(U.S.), Inc., regarding the proper classification of certain
garments known as chemises. This office received your letter of
June 24, 1991, notifying us that your firm is now representing
G.J.M. in regard to this matter.
FACTS:
Five styles, VS-2833 (G.J.M. 28345), G.J.M. 28413 (1021),
VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M. 19019, were
submitted for review. All five styles are made of 100 percent
woven polyester fabric.
Style VS-2833 (G.J.M. 28345) is a chemise styled garment and
features spaghetti shoulder straps, a large lace insert extending
eleven inches down from the lace edged V-neckline and a two-
layered bottom flounce made of sheer fabric.
Style G.J.M. 28413 is a flared chemise styled garment and
features double spaghetti shoulder straps, a large V-shaped lace
insert extending from the V-neckline, and a hemmed bottom.
Style VS-5008 (G.J.M. 28415) is a chemise styled garment and
features a scalloped lace insert which extends down from the V-
shaped neckline, a shirttail bottom with scalloped lace at the
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front side edges and woven capping along the top of the garment.
The capping extends from the top and back of the garment to form
adjustable shoulder straps.
Style G.J.M. 28409 features braided thin straps, a slightly
gathered side-drape on the front, lace inserts at the top of the
garment, from the waist to the hip and at the bottom.
Style G.J.M. 19019 is a chemise styled garment and features
spaghetti shoulder strap, lace edging along the top of the
garment and a flounce or ruffle of sheer fabric at the bottom
connected to the body of the garment by a lace insert.
ISSUE:
Are the submitted garments classifiable as slips or as
sleepwear?
LAW AND ANALYSIS:
This case is related to the matter addressed in HRL 950503
of June 19, 1992. In fact, you have represented to Customs that
this matter is identical in all material respects to that
addressed in HRL 950503 and that the submissions filed by your
firm on behalf of Mast Industries (Far East) Ltd. in connection
with that case in regard to the design, marketing and sale of
slips for Victoria's Secret, Cacique Lingerie and Lane Bryant are
equally applicable to the garments imported by G.J.M. (US), Inc.
for those customers.
Therefore, as this case is identical in all material
respects to HRL 950503 with the exception that the importer in
this case is G.J.M. and the importer in HRL 950503 was Mast
Industries, it is our view that the decision in HRL 950503 is
equally applicable to the garments at issue herein. A copy of
HRL 950503 is attached for your reference.
HOLDING:
The garments at issue, styles VS-2833 (G.J.M. 28345), G.J.M.
28413 (1021), VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M.
19019, are classifiable as slips of man-made fibers of
subheading 6208.11.0000, HTSUSA, textile category 652, dutiable
at 17 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, the 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
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suggest 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 updated weekly and
is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division