# NY J88853

October 20, 2003

CLA-2-62:RR:NC:N3:360 J88853

CATEGORY: Classification

TARIFF NO.: 6208.22.0000; 6108. 32.0010

Ms. Dawn M. Dooriss

GJM - Division of Luenthai

149 Madison Avenue - 11th Floor

New York, NY 10016

RE: The tariff classification of women\'s nightgowns from China

Dear Ms. Dooriss:

In your letter dated September 19, 2003, you requested a ruling on
tariff classification.

The submitted sample, style 10028, is a woman's nightgown constructed
from 100 percent polyester woven fabric. The garment features adjustable
shoulder straps, a shaped front neckline and a back V-neckline. The body
of the garment is pleated.

The submitted sample, style 21021, is a woman's nightgown composed of
knit and woven components. Each component is constructed from 100
percent polyester fabric. The garment extends to the knee and features
adjustable shoulder straps and a shaped front neckline. An embroidered
knitted panel that extends over the garment at the front characterizes
the garment. The essential character of the garment is imparted by the
embellished knitted fabric.

In your letter you suggest that style 21021 is classifiable under
subheading 6108.11.0010, HTS, as a slip. Style 21021 is an intimate
apparel garment, but it has features that are inconsistent with garments
classified as slips. Based upon its appearance it is similar to garments
sold as sleepwear, and is therefore classified under heading 6108, HTS,
as a nightgown.

The applicable subheading for style 10028 will be 6208.22.0000,
Harmonized Tariff Schedule of the United States (HTS), which provides
for women's nightgowns of man-made fibers. The rate of duty will be 16.1
percent ad valorem.

The applicable subheading for style 21021 will be 6108.32.0010,
Harmonized Tariff Schedule of the United States (HTS), which provides
for women\'s knit nightgowns of man-made fibers. The rate of duty will
be 16.1% ad valorem.

Both garments fall within textile category designation 651. Based upon
international textile trade agreements products of China are currently
subject to quota restraints and the requirement of a visa.

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 [Textile Status Report for Absolute Quotas]{.underline}, which is
available at our Web site at www.cbp.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.).

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 646-733-3051.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division