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NY K87406




July 27, 2004
CLA-2-61:RR:NC:WA:361 NY K87406

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Robert L. Eisen & Christopher E. Pey
Coudert Brothers LLP
1114 Avenue of The Americas
New York, NY 10036-7703

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

Dear Mr. Eisen:

In your letter dated June 30, 2004, on behalf of your client College Concepts, Inc., you requested a classification ruling for a woman’s nightshirt.

The submitted sample, Style BOC, is a woman’s nightshirt constructed from 93% cotton, and 7% spandex knit fabric. The sleeveless garment extends above the knee and features a modified U-shaped neckline in front, spaghetti straps, a screen-printed design on the front panel, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style BOC will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas and nightdresses, of cotton, women’s. The rate of duty will be 8.5% ad valorem.

Style BOC falls within textile category designation 351. Based upon international textile trade agreements this category from China is subject to visa requirements and quota restraints.

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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