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NY I86227




October 18, 2002

CLA-2-61:RR:NC:WA:361 I86227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Betty Coats
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a woman’s nightshirt from Malaysia.

Dear Ms. Coats:

In your letter dated September 16, 2002, you requested a tariff classification ruling.

The submitted sample, Style #278644, is a woman’s nightshirt constructed from 100% cotton knit fabric. The garment extends above the knee and features a modified u-neckline in front with a three-button closure, short sleeves, a chest pocket with an embroidered applique, and a hemmed bottom with slits at both sides.

You state that the garment will also be imported under Style #’s 278645, 278651, and 254652.

We are returning your sample as you requested.

The applicable subheading for Styles 278644, 278645, 278651, and 254652. will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s nightdresses and pajamas, of cotton, women’s. The rate of duty will be 8.6% ad valorem.

Styles 278644, 278645, 278651, and 254652 fall within the textile category designation 351. Based upon international textile trade agreements, this category from Malaysia 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

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