CLA-2-62:RR:NC:TA:360 H86055
Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018
RE: The tariff classification of women’s sleepwear from China
Dear Ms. Buckman:
In your letter dated August 21, 2001 and received on December 3, 2001, you requested a tariff classification ruling. The samples submitted with your request will be returned to you under separate cover.
All of the submitted garments are constructed from 55 percent linen and 45 percent cotton woven fabric. It is your contention that the garments are classifiable under heading 6208. The appearance of the garments and the manner in which they will be marketed and sold support your position.
Style PA2A041S is a woman’s nightgown. The garment is sleeveless and features a V-neckline. The neckline and bottom is embellished with faggoting.
Style PA2A040S is a pair of women’s pajamas. The upper body garment is sleeveless and features a collar, side vents and a full front opening secured by five buttons. The collar and hem are embellished with faggoting. The bottom garment features an elasticized waist and short hemmed legs. The bottoms of the legs are embellished with faggoting.
Style PA2A042S is a pair of women’s pajamas. The upper body garment is sleeveless and features a collar, side vents and a full front opening secured by five buttons. The collar and hem are embellished with faggoting. The bottom garment features an elasticized waist and long hemmed legs with side vents. The hem is embellished with faggoting.
Style PA2A039S is a pair of women’s pajamas. The upper body garment features ¾ length sleeves, a collar, side vents and a full front opening secured by four buttons. The collar and hem are embellished with faggoting. The bottom garment features an elasticized waist and long legs with side vents. The hem is embellished with faggoting.
The applicable subheading for all styles will be 6208.29.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of other textile materials: other: other. The rate of duty effective January 2002 will be 7.2 percent ad valorem.
All styles fall within textile category designation 851. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa.
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 Patricia Schiazzano at 646-733-3051.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division