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NY N013479




July 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. Jon Nelson
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA. 98101-1742

RE: The tariff classification of a woman’s sleep top from Hong Kong

Dear Mr. Nelson:

In your letter dated June 22, 2007 you requested a classification ruling.

Style N0128213 is a woman’s sleep top constructed from 100 percent polyamide openwork knit fabric. The baby doll top extends below the waist, has elasticized adjustable shoulder straps, a V shaped neckline in front with a textile bow at the center and a straight back with a key hole opening and a hook and loop closure. The garment also has openwork trim around the front of the neckline and finishing at the bottom of the garment.

You state this style should be classified under 6114.30.3070. As the garment is more specifically described in heading 6108 rather than 6114 it is classified as a sleep top.

We are returning your sample.

The applicable subheading for style N0128213 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 crocheted: 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 N0128213 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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