HQ 086217: NYRL 840457 modified. Nightgown;nightdress;sleepwear

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 086217

                                April 10, 1990




CLA-2 CO:R:C:G  086217  HP

CATEGORY:  Classification

TARIFF NO.:  6108.32.0010

Ms. Alyssa Feldman
Jaclyn, Inc.
635 59TH Street
West New York, NJ 07093

RE:  NYRL 840457 modified. Nightgown;nightdress;sleepwear

Dear Ms. Feldman:

     This is in reply to your letter of December 22, 1989,
requesting reconsideration of NYRL 840457 of May 30, 1989.

FACTS:

     The merchandise at issue consists of one of the three
articles
classified in NYRL 840457, assembled in Mexico and Haiti; clas
sification of the teddy and the robe is not being addressed.

     Style AV138 is a woman's finely knit pullover nightgown,
composed of 100% nylon fibers, extending from the shoulders to
the
wearer's ankles.  The front of the garment features a deep V-
shaped lace insert above the chest.  The front section of the two
shoulder straps are also constructed of lace fabric.  The garment
is sleeveless, and contains an elasticized waistband.

     In NYRL 840457, we classified this merchandise under subhead
ing 6108.92.0010, HTSUSA, as garments "other than," but "similar
to," nightdresses and pajamas.

ISSUE:

     Whether the nightgown was incorrectly classified under the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA
)?
LAW AND ANALYSIS:

     Subheading 6108.32, HTSUSA, provides for nightdresses and
pajamas, of man-made fibers, knitted or crocheted.  Webster's II
New
Riverside University Dictionary (Riverside 1984), at 794, defines
 a night
dress as "n. 1. A nightgown."  From the same source, a nightgown
is defined as "n. A usu. loose garment worn in bed."  The instant
merchandise conforms to this denotation.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading 6108.32.0010, HTSUSA, textile
category
651, as women's or girls' slips, petticoats, briefs, panties,
nightdresses, pajamas, negligees, bathrobes, dressing gowns and
similar articles, knitted or crocheted, nightdresses and pajamas,
of man-made fibers, women's.  The applicable rate of duty is 17
percent ad valorem.

     The designated textile and apparel category may be
subdivided
into parts.  If so, 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 negotiations and changes, to obtain the most current
information available, we suggest that you check, close to the
time
of shipment, the Status Report On Current Import Quotas (
Restraint
Levels), an issuance of the U.S. Customs Service, which is
updated
weekly and is available 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 importing the merchandise to determine
the
current status of any import restraints or requirements.

     This notice to you should be considered a modification of
NYRL
840457 of May 30, 1989, as to the merchandise described as Style
AV138, under 19 C.F.R.  177.9(d)(1) (1989).  It is not to be
applied retroactively to NYRL 840457 (19 C.F.R.  177.9(d)(2)
(1989)) and will not, therefore, affect the transaction for the
importation of your merchandise under that ruling.  However, for
the purposes of future transactions in merchandise of this type,
NYRL 840457 will not be valid precedent.  We recognize that
pending
transactions may be adversely affected by this modification, in
that current contracts for importations arriving at a port
subsequent to the release of HRL 086217 will be classified under
the new ruling.  If such a situation arises, you may, at your
discretion, notify this office and apply for relief from the
binding effects of the new ruling as may be dictated by the
circumstances.


                                  Sincerely,


                             John Durant, Director
                          Commercial Rulings Division