The tariff classification of women’s sleepwear from China

N029821 June 18, 2008 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6108.91.0030, 6208.91.3010 Mr. Wayne Harris Mervyns, LLC 22301 Foothill Boulevard Mailstop 4015 Hayward, CA 94541 RE: The tariff classification of women’s sleepwear from China Dear Mr. Harris: In your letter dated May 29, 2008 you requested a classification ruling. Style 7129 is a woman’s sleep shirt constructed of 60 percent cotton and 40 percent knit fabric. It features hemmed long sleeves with cuffs, a rounded neckline, a rear yoke, two different knit fabrics on the front panel, six 2½ inch long pin tucks just below the front neckline, a partial front opening with a nine button closure and a hemmed bottom. Based on the accompanying merchandising information, the garment is considered sleepwear of heading 6108. Style 6941 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 hemmed leg openings. Style 6941 will be imported in both printed and yarn dyed fabrics. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6208. We are returning your samples as you requested. The applicable subheading for style 7129 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 6941 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 7129 fall within textile category 350. Style 6941 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division