NY 805778
Jan. 12, 1995
CLA-2-61:S:N:N5:361 805778
Mr. William Ortiz
S.J. Stile Associates, Ltd.
153-66 Rockaway Boulevard
Jamaica, New York 11434
RE: The tariff classification of women's pajamas from Hong Kong.
Dear Mr. Ortiz:
In your letter dated December 29, 1994, you requested a tariff
classification ruling for a nightshirt, designated as style NY015. Your sample
is being returned, as you requested.
Style NY015 is a woman's nightshirt constructed from 70% silk, 30%
cotton knit sheer, lightweight fabric. The pullover top features short capped
sleeves, a round capped neckline with a decorative openwork insert, and a
shirt tail hemmed bottom. The garment is 36 inches long (size medium). The
information you submitted indicates that the garment is designed for wear as a
sleep shirt, and will be advertised, merchandised and sold as such.
The applicable subheading for style 705 will be 6108.39.4000, Harmonized
Tariff Schedule of the United States (HTS), which provides for women's knitted
nightdresses and pajamas containing 70% or more by weight of silk. The rate
of duty will be 3.7 percent ad valorem.
Style NY015 falls within textile category designation 751. Based upon
international textile trade agreements, this category, imported from Hong, is
not currently subject to a visa requirement.
You have indicated in your letter that the fabric is a blend of
70% silk/30% cotton. Please be advised that a slight variation, from the
above stated fiber content, may affect the classification and the textile
category designation of the subject garment. Garments which are claimed to be
constructed from such a blend are subject, upon importation, to laboratory
analysis by the U.S. Customs Service to verify the actual weight of the
component fibers.
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 Section 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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport