CLA-2-62:S:N:N3-I:360 851351
TARIFF NOS.: 6208.22.0000; 6108.31.0010
Norman Katz, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016
RE: The tariff classification of women's sleepwear from the
Philippines and Taiwan.
Dear Mr. Katz:
In your letter dated April 9, 1990, on behalf of your
client, Fair Oaks Textile Inc., you requested a tariff
classification ruling.
Style number 3063/112-6769 (3063/112-6812, in the "Tall"
version) is a pair of women's pajamas manufactured from 100%
polyester printed satin fabric. The upper component has long
sleeves with hemmed edges; a full frontal opening secured by four
self-fabric-covered buttons; a shawl collar; and a curved bottom.
The lower ("trouser") component has a fully elasticized waist.
Style numbers 7015 and 112-6374 are women's nightgowns which
are manufactured from 83% polyester, 17% cotton, satin fabric
that is brushed on the inside surface. Style number 7015
features long sleeves with cuffs; a full frontal opening secured
by five buttons; a shawl collar; a curved bottom; and two front
pleats, extending downward from the shoulder seams, which open to
allow for breast feeding. The garment also features contrast-
colored piping inserted into the cuff and shoulder seams, the
vertical edges of the two front panels, and the outer edge of the
collar. Style number 112-6374 features long sleeves with
contrast-colored cuffs; a full frontal opening secured by eight
self-fabric-covered buttons; a pointed collar; a front yoke; two
pentagon-shaped pieces of contrast-colored fabric, stitched into
the lower seam of the yoke, which simulate pocket flaps; two
front pleats, extending downward from the lower yoke seam, which
open to allow for breast feeding; and a curved bottom.
Style number 7035 is a woman's pullover nightgown which is
manufactured from finely knit fabric composed of 60% cotton and
40% polyester. The garment features long raglan sleeves with
contrast-colored rib-knit cuffs; a partial frontal opening
secured by four buttons; a wide, contrast-colored, rib-knit crew
neckline; two front pleats, extending downward from the
neckline, which open to allow for breast feeding; and a curved
bottom.
The samples which you have submitted with your inquiry are
being returned under separate cover.
The applicable subheading for style numbers 3063/112-6769
(3063/112-6812), 7015, and 112-6374, will be 6208.22.0000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for women's nightdresses and pajamas of man-made fibers.
The rate of duty will be 17 percent ad valorem.
The applicable subheading for style number 7035 will be
6108.31.0010, HTS, which provides for women's knitted or
crocheted nightdresses and pajamas of cotton. The rate of duty
will be 9 percent ad valorem.
Style numbers 3063/112-6769 (3063/112-6812), 7015, and 112-
6374 fall within textile category designation 651; style number
7035 falls within textile category designation 351. Based upon
international textile trade agreements, products of the
Philippines and Taiwan are subject to a visa requirement and
quota restraints.
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