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NY K88808




September 21, 2004

CLA-2-61:RR:NC:WA:361 NY K88808

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 nightgown from Turkey.

Dear Mr. Nagel:

In your letter dated August 17, 2004, you requested a classification ruling for a woman’s knit nightgown.

The submitted sample, Style #HN7A, is a woman’s nightgown constructed from either 60% cotton, and 40% polyester knit fabric or from 55% cotton, 45% polyester knit fabric. The sleeveless garment extends from the neck to the mid-thigh area, and features a V-neckline in front, elasticized adjustable shoulder straps, and overlock stitching creating a “lettuce edge” finishing the bottom. The garment also has lace trim around the front of the neckline.

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

We are returning your sample as you requested.

The applicable subheading for the nightgowns 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.

The nightgowns fall within textile category designation 351. Based upon international textile trade agreements this category from Turkey 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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