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NY N026345




April 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Paul Anuschat
Geo. S. Bush & Co.
P.O. Box 8829
Portland, Oregon
97208-8829

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

Dear Mr. Anuschat:

In your letter dated April 16, 2008 you requested a classification ruling on behalf of your client Fred Meyer, Inc.

Style 950-5076 is a woman’s sleep top constructed of 60 percent cotton and 40 percent polyester knit fabric. The sleep top features long sleeves with rib knit cuffs, a partial faux front opening with three decorative buttons and a hemmed bottom.

Style 950-5070 is a woman’s sleep top constructed of 95 percent cotton and 5 percent spandex knit fabric. It features short hemmed sleeves with mesh fabric edging and a hemmed bottom with mesh fabric edging. The unfinished scooped neckline is shirred in the center of the front panel and has a narrow elasticized fabric encircling the front and back neckline.

Style 950-5074 is a woman’s sleep top constructed of 95 percent cotton and 5 percent spandex knit fabric. It features long hemmed sleeves, an elasticized upper midriff and a bottom finished with openwork trim. The scooped neckline is finished with openwork trim and a three button center decoration.

Based on its appearance and the accompanying merchandising information, the garments are considered sleepwear of heading 6108.

We are returning your samples as you requested.

The applicable subheading for all three sleep tops 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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