CLA-2-61:OT:RR:NC:N3:361
Mr. Dean Barad
Overseas Development Corporation
16835 West Bernardo Drive, Suite 215
San Diego, CA 92127
RE: The tariff classification of women’s sleep separates from China.
Dear Mr. Barad:
In your letter dated July 13, 2011 you requested a classification ruling for women’s sleep separates.
The submitted samples are described as follows:
1. A woman’s pullover style sleep top imported under Style #2813. The garment is constructed from 100% polyester fleece knit fabric. The garment features a V-shaped neckline, long sleeves, slits at both sides, and a hemmed bottom.
2. A pair of women’s pajama bottoms (pants) imported under Style #2814. The pull-on garment is constructed of 100% polyester fleece knit fabric and features an elasticized waistband with a drawstring, and long hemmed leg openings.
You have indicated that the sleep separates Styles 2813 and 2814 will imported separately in sizes S/M/L/XL/2X and 3X. Based on the appearance of the submitted garments, as well as the submitted marketing information, they are considered sleepwear.
We are returning your samples.
The applicable subheading for Styles 2813 and 2814 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/.
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