The tariff classification of a woman’s sleep top from China.

N031898 July 18, 2008 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6108.92.0030 Mr. Michael McCullough Vandegrift Forwarding Co., Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: The tariff classification of a woman’s sleep top from China. Dear Mr. McCullough: In your letter dated June 23, 2008, on behalf of your client H&M Hennes & Mauritz, you requested a tariff classification ruling. The submitted sample, Style #A39870/1335, is a woman’s sleep top constructed from 100% nylon openwork knit fabric. The garment features elasticized adjustable spaghetti straps that criss-cross in back, and a V-neckline in front. The garment also has satin ribbon inserted through the fabric, extending all around the top of the garment below the bust area, and ruffled knit fabric finishing the bottom. Based on the appearance of the submitted garment, as well as the submitted marketing information, it is considered sleepwear. We are returning your sample as you requested. The applicable subheading for the sleep top, Style A39870/1335 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s knit…pajamas and similar articles, knitted or crocheted, other, of man-made fibers, other, women's. The rate of duty will be 16% ad valorem. The sleep top, Style A39870/1335, falls within category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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