HQ 950689

June 30, 1992

CLA-2 CO:R:C:T 950689 CMR

CATEGORY: Classification

TARIFF NO: 6208.11.0000

Alan Klestadt, Esq.

Grunfeld, Desiderio, Lebowitz & Silverman

12 East 49th Street

New York, New York 10017

RE: Classification of certain garments manufactured by G.J.M.

(U.S.), Inc.; slips v. sleepwear; 6208.11.00, HTSUSA v.

6208.22.00, HTSUSA

Dear Mr. Klestadt:

This ruling is in response to a request originally submitted

by Rode & Qualey on November 12, 1991, on behalf of G.J.M.

(U.S.), Inc., regarding the proper classification of certain

garments known as chemises. This office received your letter of

June 24, 1991, notifying us that your firm is now representing

G.J.M. in regard to this matter.

FACTS:

Five styles, VS-2833 (G.J.M. 28345), G.J.M. 28413 (1021),

VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M. 19019, were

submitted for review. All five styles are made of 100 percent

woven polyester fabric.

Style VS-2833 (G.J.M. 28345) is a chemise styled garment and

features spaghetti shoulder straps, a large lace insert extending

eleven inches down from the lace edged V-neckline and a two-

layered bottom flounce made of sheer fabric.

Style G.J.M. 28413 is a flared chemise styled garment and

features double spaghetti shoulder straps, a large V-shaped lace

insert extending from the V-neckline, and a hemmed bottom.

Style VS-5008 (G.J.M. 28415) is a chemise styled garment and

features a scalloped lace insert which extends down from the V-

shaped neckline, a shirttail bottom with scalloped lace at the

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front side edges and woven capping along the top of the garment.

The capping extends from the top and back of the garment to form

adjustable shoulder straps.

Style G.J.M. 28409 features braided thin straps, a slightly

gathered side-drape on the front, lace inserts at the top of the

garment, from the waist to the hip and at the bottom.

Style G.J.M. 19019 is a chemise styled garment and features

spaghetti shoulder strap, lace edging along the top of the

garment and a flounce or ruffle of sheer fabric at the bottom

connected to the body of the garment by a lace insert.

ISSUE:

Are the submitted garments classifiable as slips or as

sleepwear?

LAW AND ANALYSIS:

This case is related to the matter addressed in HRL 950503

of June 19, 1992. In fact, you have represented to Customs that

this matter is identical in all material respects to that

addressed in HRL 950503 and that the submissions filed by your

firm on behalf of Mast Industries (Far East) Ltd. in connection

with that case in regard to the design, marketing and sale of

slips for Victoria\'s Secret, Cacique Lingerie and Lane Bryant are

equally applicable to the garments imported by G.J.M. (US), Inc.

for those customers.

Therefore, as this case is identical in all material

respects to HRL 950503 with the exception that the importer in

this case is G.J.M. and the importer in HRL 950503 was Mast

Industries, it is our view that the decision in HRL 950503 is

equally applicable to the garments at issue herein. A copy of

HRL 950503 is attached for your reference.

HOLDING:

The garments at issue, styles VS-2833 (G.J.M. 28345), G.J.M.

28413 (1021), VS-5008 (G.J.M. 28415), G.J.M. 28409, and G.J.M.

19019, are classifiable as slips of man-made fibers of

subheading 6208.11.0000, HTSUSA, textile category 652, dutiable

at 17 percent ad valorem.

The designated textile and apparel category may be

subdivided into parts. If so, the visa and quota requirements

applicable to the subject merchandise may be affected. Since

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

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suggest 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 updated weekly and

is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification) and the

restraint (quota/visa) categories, you should contact your local

Customs office prior to importation of this merchandise to

determine the current status of any import restraints or

requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division