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NY N003575





December 21, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Irina Parker
Avon Products Incorporated
1251 Avenue of the Americas
New York, NY 10120-1196

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

Dear Ms. Parker:

In your letter dated November 14, 2006, you requested a classification ruling.

The submitted sample, Style #PP358736, is a woman nightgown constructed from 88% nylon, and 12% spandex knit openwork fabric. The sleeveless nightgown extends from the neck to the mid-thigh area and features a V-neckline in front, elasticized adjustable shoulder straps, lace trim around the neckline and lettuce edging finishing the bottom.

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

We are returning your sample as you requested.

The applicable subheading for the nightgown, Style PP358736, will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit nightdresses, of cotton, women’s. The rate of duty will be 16% 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/.

The nightgown, Style PP358736 falls within textile category 651. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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