CLA-2-62:RR:NC:TA:360 G89250

Mr. Adam Lander
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman's nightgown and bed jacket from China

Dear Mr. Lander:

In your letter dated April 18, 2001, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style PD1A002 consists of a nightgown and a bed jacket. The nightgown is constructed from 100 percent silk woven fabric and the bed jacket is constructed from 82 percent rayon and 18 percent silk woven velvet fabric. The nightgown features a V-neckline, ¼ inch wide shoulder straps and extends from the shoulders to the ankle. The bed jacket features long sleeves, a collar and lapels and a full front opening secured by three self-covered buttons. The sleeve cuffs, collar and lapels are embellished with beading.

The applicable subheading for the nightgown 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 of silk or silk waste. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the bed jacket will be 6208.92.0010, 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 rate of duty will be 16.3 percent ad valorem.

The nightgown falls within textile category designation 751 and the bed jacket falls within textile category designation 650. Based upon international textile trade agreements, the nightgown, as a product of China is currently not subject to quota restraints or a visa requirement. The bed jacket , as a product of China is currently subject to quota restraints and a visa requirement.

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