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

N016548 September 19, 2007 CLA-2-61:RR:NC:TA: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 three women’s sleepwear garments from China Dear Mr. Anuschat: In your letter dated August 29, 2007 you requested a classification ruling on behalf of your client Fred Meyer/The Kroger Co. Style 950-3076 is a woman’s sleep shorts constructed of 96 percent modal rayon and 4 percent spandex knit fabric. The shorts feature an elasticized waist and leg openings with side slits and trimmed with an openwork fabric. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108. Style 950-3078 is a woman’s sleep top constructed of 96 percent modal rayon and 4 percent spandex knit fabric. The sleeveless garment extends below the waist. It features a scooped neckline, a bottom and top finished with overlock stitching, an elasticized bodice trimmed with an openwork fabric and narrow adjustable elastic straps. The upper back of the garment extends straight across from side seam to side seam, exposing the upper half of the back. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108. Style 950-3074 is a woman’s sleep top constructed of 96 percent modal rayon and 4 percent spandex knit fabric. The sleeveless garment extends below the waist. It features a crossover V neckline, a scooped back, a bottom finished with overlock stitching and an empire waist trimmed with an openwork fabric. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108. We are returning your samples as you requested. The applicable subheading for styles 950-3076, 950-3078 and 950-3074 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/. Styles 950-3076, 950-3078 and 950-3074 fall within textile category 650. 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