The tariff classification of five women’s sleepwear garments from China

N185656 October 4, 2011 CLA-2-61:OT:RR:NC:N3:361 CATEGORY: Classification TARIFF NO.: 6108.91.0030, 6108.92.0030, 6108.31.0010 Ms. Darlene DiBernardo Deringer Logistics Consulting Group 173 West Service Road Champlain, NY 12919 RE: The tariff classification of five women’s sleepwear garments from China Dear Ms. DiBernardo: In your letter dated September 19, 2011 you requested a classification ruling on behalf of your client Adorable Lingerie Inc. The submitted sample, Style KER0368A, is women’s sleep pants constructed from 93 percent cotton and 7 percent spandex knit fabric in a striped pattern. It features an elasticized waistband; three plastic buttons and a textile bow decorating the center of the waistband; and a hemmed bottom. The submitted sample, Style KER0368B, is women’s sleep pants constructed from 93 percent cotton and 7 percent spandex knit fabric in a solid color. It features an elasticized waistband; three plastic buttons and a textile bow decorating the center of the waistband; and a hemmed bottom. The submitted sample, Style KER0344, is women’s sleep pants constructed from 60 percent cotton and 40 percent modal knit fabric in a striped pattern. It features an elasticized waistband with a drawstring; two decorative textile buttons just below the waistband; and a hemmed bottom. The submitted sample, Style KER0368, is women’s pants constructed of 95 percent rayon and 5 percent spandex knit fabric. It features an elasticized waistband; and hemmed leg openings. The submitted sample, Style KER644, is a woman’s nightgown constructed of 60 percent cotton and 40 percent modal knit fabric. The garment extends below mid thigh. It features hemmed, short sleeves; a U-shaped neckline; and a hemmed bottom. Although you have described the garments as sleepwear, their appearance is ambiguous and does not clearly demonstrate its use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, they will be considered sleepwear and classified in heading 6108. We are returning these samples. The applicable subheading for styles KER0368A, KER0368B and KER0344 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 KER0368 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. The applicable subheading for style KER644 will be 6108.31.0010, 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: Nightdresses: Of cotton: Women’s. The duty rate will be 8.5% 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 Commodity Specialist Division