CLA-2-62:OT:RR:NC:N3:360

Ms. Sheri L. Gestring
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of a woman’s sleepwear separate from China

Dear Ms. Gestring:

In your letter dated March 23, 2011, you requested a tariff classification ruling. Your sample will be returned as requested.

The submitted sample is a woman’s sleep bottom constructed from 100% cotton woven flannel fabric. The sleep bottom features an elasticized drawstring waist, a faux fly with three buttons, and long, hemmed legs. The garment will be imported as article numbers 10826956 (floral print) and 10826964 (plaid print).

Based on the appearance of the garment, the manner in which it will be marketed and sold, and the information you have provided, we concur with your claim that the garment is a sleepwear separate.

The applicable subheading for article numbers 10826956 and 10826964 will be 6208.91.3010, 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 cotton: Other Women’s. The rate of duty will be 11.2 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 the 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 Kimberly Rackett at (646) 733-3051.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division