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NY L84825




June 9, 2005

CLA-2-61:RR:NC:WA:361 NY L84825

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. Gordon Rahschulte
UPS Trade Management Services
12380 Morris Road
Alpharetta, GA 30005

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

Dear Mr. Rahschulte:

In your letter dated May 3, 2005, on behalf of your client Plow & Hearth, you requested a classification ruling for a woman’s knit garment.

The submitted sample, Style #7060 (The Slumber Sack), is a lounging garment, similar to a robe, constructed from 100% polyester fleece knit fabric. The garment extends from the wearer’s neck to the ankles and features a front zipper opening that extends to the waist, long sleeves with rib knit cuffs, and side seam pockets. The bottom of the garment is closed, except for two “foot holes” with rib knit cuffs, which permit the wearer to walk in the garment. The “Slumber Sack”, Style 7060, is not intended to be worn outside the home. The garment is considered similar to a robe.

We are returning your sample as you requested.

The applicable subheading for the robe, Style 7060 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knitpajamas and similar articles of man-made fibers, other, women's. The rate of duty will be 16% ad valorem.

Style 7060 falls within textile category designation 650. 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,
National Commodity

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