CLA-2-61:OT:RR:NC:TA:N3:361
Ms. Nicolette Miller
Carole Hochman Design Group
801 Foresman Street
Williamsport, PA. 17701
RE: The tariff classification of five women’s sleepwear garments from China
Dear Ms. Miller:
In your letter dated April 7, 2008 you requested a classification ruling.
Style 811523 is a woman’s sleep top stated to be constructed of 100 percent cotton knit fabric. The garment reaches below the waist. It features hemmed short sleeves, V shaped neckline finished with rib knit trim, embroidery on the left chest and a hemmed bottom. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.
Style 855039 is a woman’s sleep top stated to be constructed of 100 percent cotton knit fabric. The garment reaches below the waist. The Henley sleep top features long sleeves with long rib knit cuffs, a partial front opening with a five button, right over left closure, decorative openwork trim on the left placket, a small embroidery on the left chest and a hemmed bottom. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.
Style 817520 is a pair of women’s shorts stated to be constructed of 95 percent cotton and 5 percent spandex knit fabric. It features an elasticized waistband with a drawstring and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.
Style 817521 is a pair of women’s shorts stated to be constructed of 95 percent cotton and 5 percent spandex knit fabric. It features an elasticized waistband with a drawstring and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.
Style 817523 is a pair of women’s shorts stated to be constructed of 95 percent cotton and 5 percent spandex knit fabric. It features an elastic waistband with a drawstring and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.
You requested a classification for style 851039. In order to provide a classification a sample is necessary. In the future please limit your binding ruling request to five garments.
We are returning your samples as you requested.
The applicable subheading 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 tops and shorts 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,
National Commodity
Specialist Division