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NY M85486




August 24, 2006

CLA-2-61:RR:NC:TA:361 M85486

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.32.0010; 6108.92.0005, 6109.90.1065

Mr. Chiu-Chou Lee, CHB
9083 S. La Cienega Blvd.
Inglewood, California 90301

RE: The tariff classification of ladies’ apparel from China.

Dear Mr. Lee:

In your letter dated August 9, 2006, you requested a classification ruling on behalf of Charley Morgan Int’l. Inc. The submitted samples are being returned to you with this letter.

Five samples were provided for review. Style CMI-100 is a woman’s two-piece pajama set constructed of a 78% polyester 14% cotton 8% spandex knitted fabric. The camisole-styled pajama top features ¼-inch adjustable elasticized shoulder straps, a v-neckline in front, an upper back that extends straight across from side seam to side seam, side seams, elasticized capping at the garment top edges, and a lettuce edge bottom created with an overlock stitch finish. Two ladybugs are printed on the lower left garment front. The pull-on pajama pant has an overall ladybug print. The long pant features a self-fabric covered elasticized waistband with an inner drawstring tie and hemmed leg openings.

Style CMI-400 consists of a woman’s underwear camisole and a pair of matching boy-leg styled underpants which are constructed of a 100% polyester mesh fabric in a leopard print. The camisole features a v-neckline with rachel lace-like fabric trim, elasticized trim at the top edges of the garment back and underarm area that extends to form shoulder straps, side seams, and an overlock stitch finish at the garment bottom. The close fitting boy-leg hipster-styled underpants are made of a two-panel construction with a seam at the center of the garment. The underpants feature an elasticized waistband, a sewn-in crotch panel, raschel lace-like fabric trimmed vents centered at the bottom front of each leg opening, and an overlock stitch finish at the balance of the garment bottom.

Style CMI- 500 is a woman’s sleeveless nightgown constructed from a printed 100% polyester knit fabric. The mid-calf length, tank styled nightgown has 1-1/4 inch shoulder straps with a self-fabric trim at the outer edge, which encircles the arm. The nightgown also features a slightly rounded neckline at the front and back with an inner elasticized band at the back, side seams, a hemmed bottom with a self-fabric ruffle trim, a heart-shaped pocket sewn at the front left hip area, and a flat self-fabric flower sewn at the center of the bust.

We require additional information in order to issue a ruling on two of the submitted garment styles. With regard to Style CMI-200, please provide size specifications for the entire range and explain why the upper body garment is designed with a left over right button closure. With regard to Style CMI-300, provide the samples in the actual manner in which the garments will be sold at retail, such as in a sealed or unsealed polybag, on a hander pack, in a cardboard wrapper/box or a plastic wrapper, with actual hangtags, etc. Also provide advertising, marketing, and promotional material and any sales environment information (catalogs, web pages, etc.) covering the garments, which demonstrates how and when the garments are designed to be used.

If you decide to resubmit your request on Styles CMI-200 and CMI-300, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. The applicable subheading for Style CMI-100 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pajamasknitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for the Style CMI-400 camisole will be 6109.90.1065, HTSUS, which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 percent ad valorem.

The applicable subheading for the Style CMI-400 underpants will 6108.92.0005, HTSUS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers . . . underwear: underpants. The rate of duty will be 16 percent ad valorem.

The applicable subheading for Style CMI-500 will be 6108.31.0010, HTSUS, which provides for Women’s pajamas knitted or crocheted: Of cotton. The duty rate will be 8.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style CMI-100 falls within textile category designation 651, the Style CMI-400 camisole falls within textile category designation 639, the Style CMI-400 underpants fall within textile category designation 652 and Style CMI-500 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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