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NY N012273




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int'l Airport Center, Suite 250
Jamaica, NY 11413

RE: The tariff classification of a woman’s nightgown and pajama set from China.

Dear Ms. Beckford:

In your letter dated May 31, 2007, on behalf of your client H & M Hennes & Mauritz, LP, you requested a classification ruling for a woman’s nightgown and pajama set.

The submitted samples are described as follows:

Style #477740/1335 – A woman’s pajama set constructed from 100% modal knit fabric. The set is composed of a sleeveless top, and shorts. The top of Style 477740/1335 is sleeveless and features a V-shaped neckline in front with open-work trim, adjustable shoulder straps, and a hemmed bottom. The shorts of Style 477740/1335 feature a wide elasticized waistband with a drawstring, slits at both sides, and short leg openings.

Style #477730/1335 – A woman’s nightgown constructed from 100% modal knit fabric. The sleeveless nightgown extends to the mid-thigh area and features a V-neckline in front with open-work trim, elasticized adjustable shoulder straps, and open-work fabric finishing the bottom.

Based on appearance as well as the merchandising information provided, the top, shorts, and nightgown are considered sleepwear and classified in heading 6108.

We are returning your samples as you requested.

The applicable subheading for the pajama set, Style 477740/1335 and the nightgown, Style 477730/1335 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's knit pajamas of man-made fibers, 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 pajama set, Style 477740/1335, and the nightgown, Style 477730/1335 fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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