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NY L84705





May 25, 2005

CLA-2-61:RR:NC:WA:361 NY L84705

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Frank Neely
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

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

Dear Mr. Neely:

In your letter dated May 4, 2005, you requested a classification ruling for a woman’s nightgown. The item will be returned as requested.

Style 5168 is a woman’s nightgown constructed from 51 percent cotton, 49 percent rayon knit fabric. The sleeveless, ankle length nightgown has a V-shaped neckline with knit openwork trim, trim at the armholes, and a hemmed bottom with eleven-inch side slits.

You have indicated in your letter that the fabric is a blend of 51% percent cotton, and 49 percent rayon. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

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

The nightgown falls within textile category designation 351. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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