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NY I88930




December 23, 2002

CLA-2-62:RR:NC:N3:361 I88930

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Peter Jackson
Prestige Global Co., Ltd.
889 Thai CC Tower, 23rd Floor, Room 239
South Sathorn Road
Yannawa Bankok, Thailand

RE: The tariff classification of women's sleepwear from Thailand

Dear Mr. Jackson:

In your letter dated November 20, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style LH610 is a woman’s sleep shirt made of 100 percent polyester knit fabric. The ankle length sleep shirt has a satin collar; a full front opening with satin trim and button closure; one satin trimmed, embroidered breast pocket; and a hemmed shirt tail bottom.

Based on the appearance of the garment, it is considered sleepwear, and classified in heading 6108.

The applicable subheading for style LH610 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’snightshirtsknitted or crocheted: of man-made fibers. The rate of duty will be 16.2 percent ad valorem. Effective January 1, 2003, the rate of duty will be 16.1 percent ad valorem

Style LH610 falls within textile category designation 651. Products from Thailand 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 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.

In your letter you indicated that one of the submitted garments will be sold with matching bottoms as pajamas, but will not be imported in the same shipment with the matching bottom. If equal numbers of matching tops and bottoms are imported in the same shipment, the classification, rate of duty, and textile category designation change. This ruling is being issued based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2.

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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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