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NY N004197





December 27, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0015; 6108.92.0030

Ms. Sara Gradilla
R.L. Jones Customhouse Brokers
444 N. Cesar Chavez St.
San Luis, Arizona 85349

RE: The tariff classification of women’s sleepwear from Mexico.

Dear Ms. Gradilla:

In your letter dated December 4, 2006, you requested a classification ruling on behalf of Fantasy Lingerie. The samples will be returned, as requested.

Style C70 is a woman’s pajama constructed from 100 percent polyester knit fabric. The top is a camisole styled garment with adjustable shoulder straps and a ruffled bottom. The pajama bottom is a g-string.

Style C73 is a woman’s nightgown constructed from 100 percent polyester knit fabric. The nightgown extends to mid thigh, and has adjustable shoulder straps and a ruffled bottom.

Style C78 is a woman’s nightgown constructed from 100 percent nylon sheer knit fabric. The ankle length nightgown has adjustable shoulder straps, feathery trim at the V shaped neckline, and overlock stitching finishing the bottom. This style also contains a g-string.

Style C88 is a woman’s pajama constructed from 100 percent nylon knit sheer fabric. The pajama top is an abbreviated camisole styled garment with adjustable shoulder straps and feathery trim finishing the bottom. The pajama bottom is a g-string.

Style C41 is a woman’s ankle length robe constructed from 100 percent nylon knit sheer fabric. The robe has a full front opening with a ribbon tie at the top, long sleeves, and a knit openwork panel finishing the bottom. The opening and neck are finished with a feathery trim.

Based on appearance, styles C70, C73, the gown of style C78, and style C88 are considered sleepwear.

Although style C78 is sold as a set, the gown and g-string will be classified as two separate garments as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTSUS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for styles C70, C73, the gown of C78, and C88 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s nightdresses, pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.

The applicable subheading for style C41 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.

The applicable subheading for the g-string of style C78 will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sbriefs, pantiesand similar articles, knitted or crocheted: Of man-made fibers: Underwear: Other. The duty rate 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/.

Styles C70, C73, the gown of C78, and C88 fall within textile category 651; style C41 falls within textile category 650; the g-string of style C78 falls within textile category 652. 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,

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