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NY N016609

September 24, 2007



TARIFF NO.: 6108.91.0030, 6208.91.3010

Ms. Nichole Angellette Allen
VF Imagewear, Inc.
545 Marriott Drive, Suite 200
Nashville, TN 37214

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

Dear Ms. Allen:

In your undated letter you requested a classification ruling.

Style KQ36 is a woman’s sleep shirt constructed of 55 percent cotton and 45 percent polyester knit fabric. The sleeveless garment extends below the waist and features a capped U-shaped neckline, a racer back, capped armholes, a partial front opening with a two button closure 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, this style will be considered sleepwear, and classified in heading 6108.

Style KQ38 is women’s sleep pants constructed of 100 percent cotton woven fabric. The pull on flannel pants feature an elasticized waistband with a drawstring and long hemmed legs. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6208 We are returning your samples.

The applicable subheading for style KQ36 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.

The applicable subheading for style KQ38 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2 percent 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/.

Style KQ36 falls within textile category 350. Style KQ38 falls within textile category 352. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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

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