CLA-2-62:RR:NC:TA:360 H81557

Ms. Rita Pitts
Dillard's, Inc.
1600 Cantrell Road
Little Rock, AR 72201

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

Dear Ms. Pitts:

In your letter dated May 25, 2001, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 132P3524 is a pair of women’s pajamas constructed from 100 percent silk woven fabric. Both pieces are lined with a silk woven fabric. The upper body garment features elbow length sleeves, a V-neckline and side vents. The pajama bottom features an elasticized waist and long hemmed legs.

Style 132W3522 is a woman’s nightgown constructed from 100 percent silk woven fabric. The garment is lined with a silk woven fabric. The gown features a shaped neckline with excess fabric extending up the left shoulder strap, front and back, giving a hanky effect and spaghetti straps. The garment extends from the shoulders to the calf.

Style 132W3525 is a woman’s nightgown constructed from 100 percent silk woven fabric. The garment is lined with a silk woven fabric. The pullover gown is sleeveless and features a V-neckline. The garment extends from the shoulders to the calf.

Style 132R3521 is a woman’s robe constructed from 100 percent silk woven fabric. The garment is lined with a silk woven fabric. The robe features ¾ length sleeves, a hood, a full front opening secured by a self-fabric belt.

The applicable subheading for styles 132P3524, 132W3522 and 132W3525 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 rate of duty will be 3 percent ad valorem.

The applicable subheading for style 132R3521 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 rate of duty will be 3 percent ad valorem.

Styles 132P3524, 132W3522 and 132W3525 fall within textile category designation 751 and style 132R3521 falls within textile category designation 750. Based upon international textile trade agreements products of China are not currently subject to quota restraints or visa requirements.

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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division