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NY N007566




March 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. Paul Anuschat
Geo. S. Bush & Co.
P.O. Box 8829
Portland, Oregon
97208-8829

RE: The tariff classification of two women’s sleepwear tops from Cambodia

Dear Mr. Anuschat:

In your letter dated February 23, 2007 you requested a classification ruling on behalf of your client Fred Meyer/The Kroger Co.

Style 24-3027 is a woman’s pullover top constructed of 100 percent polyester micro-fleece knit fabric. The garment is loose fitting and reaches below the waist. It features a v-neckline, hemmed bottom and long sleeves which are hemmed. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 24-3026 is a woman’s pullover top constructed of 100 percent polyester micro-fleece knit fabric. The garment is loose fitting and reaches below the waist. It features a crossover v-neckline in the front, a loose fitting hood, hemmed bottom and long sleeves, which are hemmed. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

We are returning your samples as you requested.

The applicable subheading for style 24-3027 and 24-3026 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crotched: Other: Of man-made fibers: Other: Women’s. 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/.

Style 24-3027 and 24-3026 fall within textile category 650. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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