HQ 083615: Reconsideration of New York Ruling 833295

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 083615

                                    April 4 1989


          CLA-2 CO:R:C:G  083615 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6108.31.0010

          Ms. Anna V. Molnar
          Import Coordinator
          A. J. Schneierson
          16 East 34th Street
          New York, New York 10016

          RE:  Reconsideration of New York Ruling 833295

          Dear Ms. Molnar:

                This ruling letter is in response to your inquiry of
          January 10, 1989, in which you requested a reconsideration of
          NYRL 833295 of December 12, 1988, of certain nightwear under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples produced in Taiwan were submitted for
          examination.

          FACTS:

                Style number 2602-32602 is a two-piece set consisting of a
          short sleeved pullover and a pair of shorts.  The pullover
          extends from the neck to below the waist.  The pullover has a
          crew neck, one chest pocket, a straight hemmed bottom and some
          overlock stitching for seam reinforcement.  The shorts feature an
          elasticized waistband and wide leg openings with straight hemmed
          bottoms.  Both the pullover and shorts are composed of of 55
          percent cotton and 45 percent polyester.  NYRL 833295 classified
          the set as an ensemble under subheading 6104.22.00, HTSUSA.

                Style number 2598-32598 is a women's oversized pullover
          garment that is composed of 55 percent cotton and 45 percent
          polyester.  The garment extends from the neck to the upper
          thighs.  It has ribbed knit crew neck, long hemmed sleeves, chest
          pocket and a straight hemmed bottom with two side slits.  Some of
          the seams are finished with overlock stitching.  NYRL 833295
          classified the pullover under subheading 6110.20.2075, HTSUSA.  















                                         -2-

                You submitted the following additional documentation to
          support your claim that the samples at issue should be classified
          as nightwear:  A purchase contract from Sears, Roebuck & Co.,
          showing the samples described as nightwear; a signed affidavit
          from a Sears buyer confirming the purchase of these samples as
          nightwear; and a advertisement layout from Sears depicting the
          garments as "a romantic sleepshirt and short pajama".

          ISSUE:

                Whether NYRL 833295 of December 27, 1988, should be
          modified.

          LAW AND ANALYSIS:

                Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI's), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.
          Heading 6108, HTSUSA, provides for women's or girls'
          nightdresses, pajamas, negligees, bathrobes, dressing gowns and
          similar articles, knitted or crocheted.  Since the samples at
          issue are marketed and sold as nightwear, they are classifiable
          in heading 6108, HTSUSA.

          HOLDING:

                In view of the foregoing, the samples at issue are
          classified under subheading 6108.31.0010, HTSUSA, which provides
          for women's or girls' nightdresses, pajamas, negligees,
          bathrobes, dressing gowns and similar articles, of cotton,
          textile category 351, and dutiable at the rate of 9 percent ad
          valorem.  NYRL 833295 is modified accordingly.

                Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          articles, 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