CLA-2-62:RR:NC:WA:360 816532

Ms. Doris Acosta
Warnaco
90 Park Avenue
12th FL
New York, NY 10016

RE: The tariff classification of women's sleepwear from China

Dear Ms. Acosta:

In your letter dated November 7, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover. Style 27014 is a nightgown constructed from 100 percent woven silk fabric. The nightgown features a V-neckline, 2 3/4 inch wide shoulder straps,and a shirttail bottom. The nightgown extends to mid- thigh.

Style 27045 consists of two pieces. The tank styled upper body garment features a scoop neckline, 2 1/4 inch wide shoulder straps and a shirttail bottom. The boxer-type bottom features an elasticized waistband and hemmed leg openings.

The applicable subheading for the styles 27014 and 27045 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.

Both styles fall within textile category designation 751. Based upon international textile trade agreements products of China are subject to 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. 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 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 (212) 466 - 5866.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division