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NY N014350

August 9, 2007



TARIFF NO.: 6108.91.0030

Mr. Jon Nelson
1617 Sixth Avenue, Suite 1000
Seattle, WA 98010

RE: The tariff classification of woman’s sleep top from Macau.

Dear Mr. Nelson:

In your letter dated July 11, 2007, you requested a classification ruling for women’s sleep top.

The submitted sample, Style #NO127466, is a woman’s pullover style sleep top constructed from 95% cotton and 5% spandex jersey knit fabric. The garment features a hood, V-neckline in front, long sleeves, a kangaroo pocket, and a hemmed bottom.

You have indicated that the sleep top, Style NO127466 will be sold as part of a “mix and match” sleepwear group. Based on the appearance of the submitted garments, as well as the submitted marketing information, they are considered sleepwear.

We are returning your sample as you requested.

The applicable subheading for the sleep top, Style NO127466, will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s knitpajamas and similar articles of cotton, other, women's. The rate of duty will be 8.5% ad valorem.

The sleep top, Style NO127466 fall within category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.


Robert B. Swierupski
National Commodity

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