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NY N014466





August 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond, WA. 98073-9700

RE: The tariff classification of four women’s sleepwear garments from Macau, Sri Lanka and China

Dear Ms. Greener:

In your letter dated July 12, 2007 you requested a classification ruling.

Design number 24700471 is a woman’s sleep top constructed of 100 percent cotton waffle knit fabric. It will be imported under item 045-1947 (regular size), 045-1948 (petite size), 045-1949 (tall size) and 045-1950 (plus size). The garment is loose fitting and extends below the waist. It features a crew neck, hemmed long sleeves and a hemmed bottom. Although you have described the garment as sleepwear, the appearance is ambiguous and does not clearly demonstrate its use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, it will be considered sleepwear, and classified in heading 6108.

Design 24700470 is a woman’s sleep top constructed of 96 percent cotton and 4 percent spandex knit fabric. It will be imported under item 045-2022 (regular size), 045-2023 (petite size), 045-2024 (tall size) and 045-2025 (plus size). The garment is loose fitting and extends below the waist. It features a crew neck, hemmed long sleeves and a hemmed bottom. Although you have described the garment as sleepwear, the appearance is ambiguous and does not clearly demonstrate its use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, it will be considered sleepwear, and classified in heading 6108.

Design 24700472 is a woman’s sleep top constructed of 100 percent cotton knit fabric. It will be imported under item 045-1979 (regular size), 045-1980 (petite size), 045-1981 (tall size) and 045-1982 (plus size). The garment is loose fitting and extends below the waist. It features long sleeves with rib knit cuffs, a partial right over left front opening with a seven button closure, a woven satin neckband and a hemmed bottom. Although you have described the garment as sleepwear, the appearance is ambiguous and does not clearly demonstrate its use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, it will be considered sleepwear, and classified in heading 6108.

Design 24700480 is women’s sleep pants constructed of 100 percent cotton knit fabric. It will be imported under item 045-1963 (regular size), 045-1964 (petite size), 045-1965 (tall size) and 045-1966 (plus size). The pull-on garment features an elasticized waist with a drawstring and hemmed leg openings. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108.

We are returning your samples as you requested.

The applicable subheading for all styles 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/.

All styles 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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