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NY N021530





February 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010, 6108.92.0030

Ms. Carol Robertson
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of four women’s sleepwear separates

Dear Ms. Robertson:

In your letter dated December 27, 2007 you requested a classification ruling on behalf of your client Jaclyn Apparel.

Style 2179 is a woman’s pullover nightgown constructed of 63 percent polyester, 33 percent rayon and 4 percent spandex knit fabric. The sleeveless garment extends below the knees. It features a scooped neckline in back, a cross over v neckline in front, a hemmed bottom and openwork trim finishing the neckline and armholes. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 5711 is a woman’s pullover nightgown constructed of 63 percent polyester, 33 percent rayon and 4 percent spandex knit fabric. The calf length nightgown features a scooped neckline in back, a cross over v neckline in front, a hemmed bottom, eighteen inch side slits, hemmed short sleeves and openwork trim finishing the front and back neckline. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 2335JP is a woman’s sleep top constructed of 63 percent polyester, 33 percent rayon and 4 percent spandex knit fabric. The garment extends below the waist. It features a scooped neckline in back, a cross over v neckline in front, a hemmed bottom, hemmed short sleeves and openwork trim finishing the front and back neckline. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

Style 5710 is a pair of women’s sleep pants constructed of 63 percent polyester, 33 percent rayon and 4 percent spandex knit fabric. The pants feature an elasticized waistband with a decorative bow in the center 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.

The applicable subheading for styles 2179 and 5711 will be 6108.32.0010, 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: Nightdresses and pajamas: Of man-made fibers: Women’s. The duty rate will be 16% ad valorem.

The applicable subheading for styles 5710 and 2335JP 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/.

Styles 2179 and 5711 fall within textile category 651. Styles 5710 and 2335JP fall 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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