CLA-2-62:S:N:N3-I:360 851955

Andrew P. Vance, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of women's pajamas from the People's Republic of China.

Dear Mr. Vance:

In your letter dated April 26, 1990, on behalf of your client, Val Mode Lingerie, Inc., you requested a tariff classification ruling. The submitted sample, style number 3089, is a pair of women's shorty pajamas which are cut and sewn from 100% polyester satin fabric. The upper component is supported on the body by thin shoulder straps and covers the torso from the top of the bust to below the waist. It features a full frontal opening secured by four self-fabric-covered buttons; a V-shaped top edge, on the front, which is trimmed with twelve self-fabric loops that, collectively, form a decorative scalloped edge; and a straight, hemmed, bottom edge. The bottoms feature a fully elasticized waistband and a left sideseam, slit its entire length, trimmed with ten self-fabric loops that, collectively, form a decorative scalloped edge. The sample is being returned under separate cover.

The applicable subheading for the pajamas 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 pajamas fall within textile category designation 651. Based upon international textile trade agreements, products of the People's Republic of China 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