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NY N020109

December 4, 2007



TARIFF NO.: 6208.91.3010

Ms. Leigh Beckford
Vandegrift Forwarding Co., Inc.
230-19 Intl. Airport Center
Suite 250
Jamaica, NY 11413

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

Dear Ms. Beckford:

In your letter dated November 26, 2007, you requested a classification ruling on behalf of H & M Hennes & Mauritz LP. Your sample will be returned as requested.

Submitted sample, style #301870/1335, is a woman’s sleepwear garment constructed from 100% cotton woven fabric. The one piece garment extends from the top of the bust to the upper thigh and features adjustable shoulder straps, three non-functional buttons on the front of the bodice, a drawstring waist, side vents and decorative lace trim. Also, the back top edge is elasticized and cut straight across from side seam to side seam.

Based upon the appearance and the information provided, this garment is considered to be sleepwear.

The applicable subheading for the style 301870/1335 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 301870/1335 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.


Robert B. Swierupski

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