The tariff classification of woman’s knit nightgown from Malaysia.

NY J82005 April 9, 2003 CLA-2-61:RR:NC:WA:361 NY J82005 CATEGORY: Classification TARIFF NO.: 6108.31.0010 Ms. Betty Coats Kmart Corporation Resource Center 3100 West Big Beaver Road Troy, MI 48084-3163 RE: The tariff classification of woman’s knit nightgown from Malaysia. Dear Ms. Coats: In your letter dated March 11, 2003, you requested a classification ruling. The submitted sample, Style #352250/352251, is a woman’s nightgown constructed from 100% cotton knit fabric. The garment extends from the neck to the ankles and features a V-neckline, a partial front opening with a two-button closure, short sleeves, slits at both sides, and a hemmed bottom. Based on the appearance of the style, the garment is considered sleepwear and classified in heading 6108. We are returning your sample as you requested. The applicable subheading for the nightgown Style 352250/352251, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit nightdresses, of cotton, women’s. The rate of duty will be 8.6% ad valorem. The nightgown, Style 352250/352251, falls within textile category designation 351. Based upon international textile trade agreements this category, from Malaysia is subject to visa requirements and quota restraints. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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, National Commodity Specialist Division