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NY N018993




November 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Darlene Irish
Talbots Import, LLC.
Import Department
1 Talbots Drive
Hingham, MA. 02043

RE: The tariff classification of three women’s sleep garments from China

Dear Ms. Irish:

In your letter dated October 23, 2007 you requested a classification ruling.

Style 82103015 is a woman’s sleep top constructed of 79 percent cotton and 21 percent polyester pile knit fabric. The pile is constructed of 79 percent cotton and 21 percent polyester. The sleeveless garment features a full front opening with a drawstring closure at the waist and a hemmed bottom. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 82103016 is a pair of women’s sleep pants constructed of 79 percent cotton and 21 percent polyester pile knit fabric. The pile is constructed of 79 percent cotton and 21 percent polyester. It features an elasticized waistband with smocking, bell bottoms and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 82104001 is a woman’s robe constructed of 67 percent cotton and 33 percent polyester knit fabric. The robe extends below mid thigh and features long hemmed sleeves, a hood, two side pockets and a hemmed bottom. The robe has a flocked dot design. It has a full front opening and a self fabric tie belt with two belt loops at the waist. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108. You state in your letter each style will be sold in misses’, petites, women’s and women’s petite sizes. The appropriate suffix letter will be added to each style number to indicate the size range.

We are returning your samples as you requested.

The applicable subheading for styles 82103015. 82103016 and 82104001 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/.

Styles 82103015, 82103016 and 82104001 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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