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NY N007929




March 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Carolyn B. Malina
Lands’ End, Inc.
2 Lands’ End Lane
Location # 22-290
Dodgeville, Wisconsin
53595

RE: The tariff classification of five women’s sleepwear garments from Turkey

Dear Ms. Malina:

In your letter dated March 1, 2007 you requested a classification ruling.

Style 193535 is a woman’s pullover top stated to be constructed of 94 percent cotton 4 percent spandex knit fabric. The label in the garment states 100 percent cotton. The garment is loose fitting and reaches below the waist. It features hemmed short sleeves, capped scoop neckline and a hemmed bottom. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 193543 is a woman’s pullover top constructed of 94 percent cotton 4 percent spandex knit fabric. The garment is loose fitting and reaches below the waist. It features a partial front opening with five buttons, hemmed long sleeves, and a hemmed bottom. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 193544 is a woman’s camisole top constructed of 94 percent cotton 4 percent spandex knit fabric. The garment is loose fitting and reaches below the waist. It features shoulder straps, and a V neckline in the front of the garment and a hemmed bottom. The back of the garment extends straight across from side seam to side seam exposing the upper half of the back. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 193550 is a pair of women’s shorts stated to be constructed of 94 percent cotton 4 percent spandex knit fabric. The label in the garment indicates 100 percent cotton. The garment is loose fitting. It features a wide woven waistband with a lightweight drawstring and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 193538 is a pair of women’s pants stated to be constructed of 94 percent cotton 4 percent spandex knit fabric. The label in the garment indicates 100 percent cotton. The garment is loose fitting. It features a wide woven waistband with a lightweight drawstring and hemmed leg openings. 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 193535, 193543, 193544, 193550 and 193538 whether constructed of 94 percent cotton 4 percent spandex or 100 percent cotton will be 6108.91.0030, 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 crocheted: Other: Of cotton: Other: Women’s. The duty rate will be 8.5% 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 193535, 193543, 193544, 193550 and 193538 fall within textile category 350. 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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