The tariff classification of women’s sleepwear from China

N017567 October 3, 2007 CLA-2-61:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6108.32.0010 Mr. Ramos Avon Products Inc. 1251 Avenue of the Americas New York, New York 10020-1196 RE: The tariff classification of women’s sleepwear from China Dear Mr. Ramos: In your letter dated September 6, 2007, you requested a classification ruling. Style PP359869 is a woman’s pajama set. The pajama top extends below the waist, has adjustable spaghetti straps which criss cross in the back and has a V neckline. The back is elasticized and is cut straight across from side seam to side seam, exposing the upper half of the back. The upper front portion of the top consists of a knit openwork fabric constructed from 71 percent nylon 21 percent rayon and 8 percent spandex. The main body of the top is constructed from 95 percent viscose rayon and 5 percent spandex jersey knit fabric. The pajama pants are constructed of 95 percent viscose rayon and 5 percent spandex knit jersey fabric. It features an elasticized waist, hemmed leg openings and side slits. Based on its appearance and the accompanying merchandising information, the garment is considered sleepwear of heading 6108. The applicable subheading for style PP359869 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s…Nightdresses and pajamas…knitted or crocheted: Of man-made fibers. 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/. All five style PP359869 falls within textile category 651. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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