CLA-2-62:RR:NC:TA:360 B85630

Ms. Edith Goldstein
Terramar Sports Worldwide, Ltd.
10 Midland Avenue
Port Chester, NY 10573

RE: The tariff classification of a woman's robe and sleepwear from China

Dear Ms. Goldstein:

In your letter dated May 12, 1997, you requested a classification ruling. All of the samples submitted are constructed from 100 percent silk woven fabric.

Style XLE5130 (47380) is a robe that features long sleeves, a shawl collar, an full front opening secured with a self fabric belt, two pockets below the waist and belt loops.

Style XLE5132 (47376) is a nightgown that features 1/4 inch wide shoulder straps, a v-neckline and a semi-flared body.

Style XLE5134 (47385) is a pair of pajamas. The upper portion features long sleeves, a collar, lapels, a full front opening secured by six contrast colored, covered buttons and side vents. The pajama pants feature an elasticized waist with a self fabric tie and long straight legs.

The applicable subheading for style XLE5130 (47380) will be 6208.99.3010, 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: other: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste: bathrobes, dressing gowns and similar articles. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for styles XLE5132 (47379) and XLE5134 (47385) 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 5.6 percent ad valorem.

Style XLE5130 (47380) falls within textile category designation 750 and styles XLE5132 (47379) and XLE5134 (47385) 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. 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 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 (212) 466 - 5866.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division