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NY N017148




September 28, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

Ms. Leigh Beckford
Vandegrift Forwarding Co. Inc
230-19 Int. Airport Center, Suite 250
Jamaica, New York 11413

RE: The tariff classification of women’s sleepwear from China

Dear Ms. Beckford:

In your letter dated September 14, 2007, you requested a classification ruling on behalf of H & M Hennes & Mauritz LP. Your sample will be returned as requested.

Submitted sample, style #wonder/1336, is a woman’s sleep teddy constructed from 95% polyester and 5% elastane woven fabric. The one piece garment features adjustable spaghetti straps, a deep partial back opening secured by a tie and an elasticized waist. The garment extends from the shoulder to the upper thigh. There are contrasting colored ruffles around the neckline and back opening.

Based on the appearance of the garment it will be classified as sleepwear in heading 6208, HTS.

The applicable subheading for the style wonder/1336 will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of man-made fibers: other: women’s. The duty rate will be 16 percent 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 wonder/1336 falls within textile category 652. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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