The tariff classification of a woman’s nightgown from China.

NY I88495 December 12, 2002 CLA-2-61:RR:NC:WA:361 NY I88495 CATEGORY: Classification TARIFF NO.: 6108.32.0010 Ms. Johanna Jin J.W.E. Silk, Inc. 18 Madison Avenue, 16th Fl. New York, NY 10016 RE: The tariff classification of a woman’s nightgown from China. Dear Ms. Jin: This letter replaces the ruling letter we sent to you September 20, 2002 under file number NY I85685. You have brought to our attention that in paragraph four the country of origin should be China instead of Taiwan. A corrected letter follows: In your letter dated August 29, 2002, you requested a tariff classification ruling. The submitted sample, Style #K2104062, is a woman’s nightgown. The garment is predominately constructed from 91% viscose, 9% spandex knit fabric. The garment extends above the knee and features a modified u-neckline in front, elasticized adjustable spaghetti straps and a hemmed bottom. The garment, based on appearance, is considered sleepwear, classified in heading 6108. The sample was returned in conjunction with the original ruling. The applicable subheading for Style #K2104062, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightgown knitted of crocheted, of man-made fibers. The rate of duty will be 16.2% ad valorem. Effective January 1, 2003, the rate of duty will be 16.1% ad valorem. Style K2104062, falls within textile category designation 651. Based upon international textile trade agreements, this category from China is subject to quota restraints and 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 Angela DeGaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division