CLA-2-62:S:N:N5:360 811789

Mr. Steven J. Diver
May Merchandising Company
May Dept. Stores International Inc.
615 Olive Street
St. Louis, MO 63101

Re: Classification of women's sleepwear from China

Dear Mr. Diver:

In your letter dated June 13, 1995, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover. Style 29002 is a chemise constructed from 100 percent silk woven fabric. The garment features adjustable spaghetti straps, a round neckline and a shirt-tail bottom. The garment extends to just above the knee.

Style 29014 is a chemise constructed from 100 percent silk woven fabric. The garment features a V-neckline, spaghetti straps and a shirt-tail bottom. The garment extends to just above the knee.

You have indicated that these garments are designed as sleepwear, advertised as sleepwear, will be sold in the sleepwear department and will be merchandised with pajamas, sleepshirts and robes.

The applicable subheading for the chemises will be 6208.29.1000, 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: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.9 percent ad valorem.

The chemises fall within textile category designation 751. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

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. 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