CLA-2-62:RR:NC:TA:360 C89302

Ms. Jeanette Childs

Sears, Roebuck and Co.

3333 Beverly Road, BC-172-A

Hoffman Estates, IL 60179

RE: The tariff classification of women's sleepwear from Hong Kong

Dear Ms. Childs:

In your letter dated June 18, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from 80 percent rayon and 20 percent polyester woven fabric.

Style 01 is a nightgown that features 1/4 inch wide shoulder straps, a round neckline, a partial front opening secured by two fabric loop closures and a shirttail bottom.

Style 02 is a robe that features elbow length sleeves, inside ties, two side seam pockets, a full front opening, a self fabric belt and a straight hemmed bottom. The garment extends from the shoulders to mid-thigh.

Style 06 is a robe that features long sleeves with quilted cuffs, a quilted collar, inside ties, a full front opening, self fabric belt loop and belt. The garment also has one chest pocket two patch pockets below the waist and a straight hemmed bottom. The robe extends from the shoulder to the ankle.

Style 07 is a pair of pajamas. The pajama top features long sleeves, a collar, two patch pockets below the waist, side vents and a full front opening secured by four decorative, self fabric button and loop closures. The pajama bottom features an elasticized waist and long hemmed legs.

Style 08 is a nightgown that features 1/4 inch wide shoulder straps, a V-neckline, and a partial front opening secured by one self fabric button and loop closure.

The applicable subheading for styles 01, 07 and 08 will be 6208.22.0000, 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 man-made fibers. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for styles 02 and 06 will be

6208.92.0030, 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 man-made fibers: bathrobes, dressing gowns and similar articles: women's. The duty rate will be 16.6 percent ad valorem.

Styles 01,07 and 08 fall within textile category designation 651 and styles 02 and 06 fall within textile category designation 650. Based upon international textile trade agreements products of Hong Kong 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,

Robert B. Swierupski

Director,

National Commodity

Specialist Division