The tariff classification of a woman’s knit garment from China.

NY J83907 May 27, 2003 CLA-2-61:RR:NC:WA:361 NY J83907 CATEGORY: Classification TARIFF NO.: 6108.92.0030 Mr. Arvind K. Suri J.F. Moran Co., Inc. 475 Douglas Pike Smithfield, RI 02917 RE: The tariff classification of a woman’s knit garment from China. Dear Mr. Suri: In your letter dated April 24, 2003, on behalf of your client SkyeFire International, Ltd., you requested a tariff classification ruling. The submitted sample, Style #03-1001 is a one-piece footed lounging garment, similar to a robe, constructed from 100% polyester fleece knit fabric. The garment features a straight neckline with a drawstring, armholes, and a large front pouch pocket. The soles of the enclosed footed part, are constructed from fabric to which a dotted plastic/rubber traction has been separately applied, to a textile outer sole. Style 03-1001 is not intended to be worn either outside the home, or at home for more formal occasions. Therefore, in its use and construction, it is similar to a robe or dressing gown. In your ruling request you recommended classification of the submitted sample under HTS 6307.90.9889, which provides for other made-up articles. However, the garment is more specially provided for in heading 6108.92.0030. We are returning your sample as you requested. The applicable subheading for Style 03-1001will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit bathrobes and similar articles, knitted and crocheted, of man-made fibers, other women’s. The rate of duty will be 16.1% ad valorem. Style 03-1001 falls within textile category designation 650. Based upon international textile trade agreements, this category from China is not subject to visa requirements or 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 DeGaetano at (646) 733-3052. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division