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NY I83109

June 25, 2002

CLA-2-61:RR:NC:WA:361 NY I83109


TARIFF NO.: 6108.31.0010

Ms. Jeannine Greener – Import Specialist Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a woman’s nightgown from China.

Dear Ms. Greener:

In your letter dated June 12, 2002, you requested a classification ruling for a woman’s nightgown. The sample is being returned as you requested..

The nightgown will be imported under style numbers 045-0790 (regular), 045-0791 (petite), and 045-0792 (tall). The ankle length nightgown is constructed from 100 percent cotton knit fabric and has a V-shaped neckline with picot trim, a partial front opening with a three-button closure, long sleeves, and a plain, hemmed bottom.

Based on its appearance, and the merchandising information you have provided, the garments are considered sleepwear.

The applicable subheading for the nightgown will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6 percent ad valorem.

The nightgown falls within the textile category designation 351. Based upon international textile trade agreements, category 351 from China is subject to a visa requirement and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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