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NY M84733




July 10, 2006

CLA-2-61:RR:NC:WA:361 NY M84733

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of four women’s sleepwear garments from China.

Dear Ms. Fox:

In your letter dated June 26, 2006, you requested a classification ruling for four women’s knit garments on behalf of Ariela Alpha International LLC. The submitted samples will be returned to you, as requested.

Style FF17300 is a woman’s pullover styled pajama top constructed from 100 percent cotton knit fabric. The short sleeve top has a rounded, capped neckline, short capped sleeves, and a hemmed bottom.

Style FF17400 is a woman’s camisole styled pajama top constructed from 100 percent cotton knit fabric. The top has ¼ inch shoulder straps, a V neckline with lace-like trim, a tunnel empire waistband under the bust with an adjustable ribbon drawstring; and a plain, hemmed bottom.

Style FF17100 is a woman’s sleep shirt (nightgown) constructed from 100 percent cotton knit fabric. The sleep shirt, which extends to mid thigh, has a rounded, capped neckline; short sleeves; and a plain, hemmed bottom.

Style FF17200 is a woman’s camisole styled nightgown constructed from 100 percent cotton knit fabric. The mid-thigh length nightgown has ¼ inch adjustable shoulder straps; a V neckline with lace-like trim; and a tiered bottom with lace-like trim finish.

The applicable subheading for styles FF17300, and FF17400 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’spajamasand similar articles, knitted or crocheted: Of cotton: Other. The duty rate will be 8.5% ad valorem.

The applicable subheading for styles FF17100, and FF17200 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’snightdressesknitted or crocheted: Of cotton. 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/.

Styles FF17300, and FF17400 fall within textile category designation 350; styles FF17100, and FF17200 falls within textile category designation 351. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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