The tariff classification of women’s sleepwear separates from China or Vietnam

N166275 June 8, 2011 CLA-2-61:OT:RR:NC:N3:361 CATEGORY: CLASSIFICATION TARIFF NO.: 6108.92.0030 Mr. Paul Anuschat Geo. S. Bush & Co. P.O. Box 8829 Portland, Oregon 97208-8829 RE: The tariff classification of women’s sleepwear separates from China or Vietnam Dear Mr. Anuschat: In your letter dated May 6, 2011 you requested a classification ruling on behalf of your client Fred Meyer, Inc. aka The Kroger Co. The submitted sample, style 950-5301, is a woman’s sleep top constructed of 100 percent polyester fleece knit fabric. It features a V-shaped neckline; hemmed, long sleeves; and a hemmed bottom. The submitted sample, style 950-5300, is a pair of women’s sleep pants constructed of 100 percent polyester fleece knit fabric. The pants feature an elasticized waistband; an all over print design; and hemmed leg openings. Based on the appearance and the accompanying merchandising information, these garments are considered sleepwear of heading 6108. We are returning your samples as requested. The applicable subheading for both styles will be 6108.92.0030, 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 man-made fibers: Other: Women’s. The duty rate will be 16% 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/. 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 CommoditySpecialist Division