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NY N007007




February 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6110.30.3059

Ms. Jayne Uronis
Redcats USA
35 United Drive
West Bridgewater, Ma
02379

RE: The tariff classification of a woman’s sleepwear set from China

Dear Ms. Uronis:

In your letter dated February 8, 2007 you requested a classification ruling.

Reference # RM67844 is described as a woman’s sleepwear set. The set consists of two pieces, a pullover top and pull on pants. Both garments are constructed from 65 percent polyester 35 percent cotton rib knit fabric. The pullover top has long sleeves, a rib knit V-neckline and a rib knit bottom. The pull on pants has an elastic waistband and hemmed leg openings.

We are returning your samples as you requested.

You have indicated that these garments are a sleepwear set and will be displayed in the catalog under nightwear/sleepwear. A catalog was submitted showing a similar product, a two- piece lounger set. The product development specification sheet indicates these garments are for the robes/loungewear department. Although you described these garments as sleepwear, the advertising, styling and features are consistent with garments worn around the house as “loungewear,” that is, in non-intimate surroundings.

Although you have referred to the garments as a set, they 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 the pullover top covered by reference # RM67844 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pullover, knitted or crotched: of man-made fibers: other: other: other: other: other: women’s: other. The duty rate will be 32% ad valorem. The applicable subheading for the pull on pants covered by reference # RM67844 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s trousers, knitted or crotched: of synthetic fibers: other: other: trousers: women’s: other. The duty rate will be 28.2% 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 pullover top comprising reference # RM67844 falls within textile category 639. The pull on pants falls within textile category 648. 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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