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NY N022093




January 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Ms. Celeste Aguirre-Fernandez
Mervyns LLC
22301 Foothill Boulevard MS 4015
Hayward, CA 94541

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

Dear Ms. Aguirre-Fernandez:

In your letter dated January 15, 2008 you requested a classification ruling.

Style 6997 is a woman’s sleep top constructed of 100 percent cotton jersey knit fabric. The garment is sleeveless and extends below the waist. It features a scooped neckline in front. The back reaches the nape of the neck. Around the front and back neckline, shoulder straps and armholes is zig zag chain stitch smocking. The front and back neckline, shoulder straps, armholes and bottom are finished with overlock stitching. Although you have described the garment as sleepwear, its appearance is ambiguous and does not clearly demonstrate its use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, this style will be considered sleepwear and classified in heading 6108.

We are returning your sample as you requested.

The applicable subheading for style 6997 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/.

Style 6997 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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