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NY K88535




September 14, 2004

CLA-2-61:RR:NC:WA:361 NY K88535

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Ms. Margaret Polito
Neville Peterson LLP
17 State Street – 19th Floor
New York, NY 1004

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

Dear Ms. Polito:

In your letter dated August 111, 2004, on behalf of your client Creative Apparel Concepts, you requested a classification ruling for a woman’s nightshirt.

The submitted sample, Style #EMU002X, is a woman’s nightshirt constructed from 55% cotton, and 45% polyester knit fabric. The garment extends below the knee and features a crew neckline, long sleeves with rib knit cuffs, a pile appliqué stitched on the front panel, and a hemmed bottom. The garment also has a woven strip approximately 1½" in width, sewn around the top of both sleeves. Based on the appearance of the garment itself, as well as the supporting marketing information provided, the garment is considered sleepwear and classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for Style EMU002X 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 EMU002X falls within textile category designation 351. Based upon international textile trade agreements this category from China and Pakistan 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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