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NY J85519




June 30, 2003

CLA-2-61:RR:NC:WA:361 NY J85519

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road

RE: The tariff classification of woman’s knit nightgown from Cambodia.

Dear Ms. Coats:

In your letter dated June 1, 2003, you requested a classification ruling.

The submitted sample, Style #275127, is a woman nightgown constructed from 60% cotton, and 40% polyester knit fabric. The garment extends from the neck to the ankles and features a V-neckline, long sleeves, a partial front opening with a three-button closure, a left front pocket at the chest area, slits at both sides, and lace trim finishing the bottom. The nightgown also has lace trim around the neckline, sleeves, pocket, and placket.

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

We are returning your sample as you requested.

The applicable subheading for the nightgown, Style 275127, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses, of cotton, women’s. The rate of duty will be 8.6% ad valorem.

The nightgown, Style 275127, falls within textile category designation 351. Based upon international textile trade agreements this category, from Cambodia is subject to 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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