CLA-2-61:OT:RR:NC:N3:348
Ms. Tracey Topper Gonzalez
GDLSK
399 Park Avenue
New York, NY 10022
RE: The tariff classification of a women’s sleepwear from Pakistan, China and Mexico.
Dear Ms. Gonzalez:
This ruling is being issued to correct Customs Ruling Number N263552, dated May 7, 2015, 2015. The purpose of this replacement letter is to correct a clerical error. In N263552, the appropriate Harmonized Tariff Schedule of the United States (HTSUS) classification was not provided for Style AJ03415. The style was incorrectly classified as composed of woven fabric instead of knit. A complete corrected ruling follows.
In your letter, dated April 2, 2015, on behalf of your client, The TJK Companies, Inc., you requested a tariff classification ruling. The sample is being returned to you, as requested.
Style AJ03415 is a women’s sleepwear top constructed of 45% cotton, 35% rayon and 20% polyester knit fabric. The fabric is lightweight french terry. The garment features: long sleeves, an attached hood, a deep V neckline opening secured by a crisscross ties, a kangaroo pouch pocket and a hemmed bottom.
Although you have described the garment as sleepwear, their appearance is ambiguous and does not clearly demonstrate their use as such. However, you have provided supporting marketing information to substantiate this claim. Therefore, Style AJ03415 will be considered sleepwear, and classified in heading 6108
The applicable subheading for Style AJ03415 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of man-made fibers: other: women’s. The duty rate will be 16 percent 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 Rosemarie Hayward at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division