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NY K88807




September 21, 2004

CLA-2-61:RR:NC:WA:361 NY K88807

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s knit nightdress from Turkey.

Dear Mr. Nagel:

In your letter dated August 17, 2004, you requested a classification ruling for a woman’s nightdress. The item will be returned as requested.

The submitted garment, style HN7A, is a woman’s nightdress constructed either from 60 percent cotton, 40 percent polyester knit fabric or from 55 percent cotton, 45 percent polyester knit fabric. The sleeveless nightdress has ½ inch shoulder straps, a V-shaped neckline in front with lace trim, and a plain, hemmed bottom. Based on the appearance of the garment itself, as well as the supporting marketing information, the garment is considered sleepwear, and classified in heading 6108.

The applicable subheading for the nightdress will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’snightdressesknitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

The nightdresses fall within textile category designation 351. Based upon international textile trade agreements, this category from Turkey is subject to quota and to 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.

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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