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Ruling C-2015-001451

active

&&As per the sample received, "Style A04-40516F" is a knitted pyjama top for women. This "Henley" style garment has long sleeves and a lace trim along the neckline and the bottom of the sleeves; it also features a functional placket with 5 buttons and a decorative bow. It is made of 62% polyester, 33% viscose and 5% spandex fabric and marketed and sold as an article of sleepwear.

Classification SH

6108.32.00.11

Raisonnement de l'ASFC

&&The style and intended function of the article clearly indicates that it would not conventionally be worn for everyday wear and therefore does not fall within headings 61.06, 61.09 nor 61.10. The styling, fabric and characteristics of the good demonstrate features typically associated with sleepwear.&&&&The submitted product falls within the scope of heading 61.08 which covers inter alia, nightdresses, pyjamas, dressing gowns and similar articles. According to the information received, this garment is sold on its own, although a matching sleep pant can be purchased separately. This sleep top constitutes an intrinsic component of pyjamas; therefore, it is classified under subheading 6108.32 as "nightdresses and pyjamas" that consist "of man-made fibres". This decision follows CITT AP 92-235, Majestic Industries (Canada) Ltd., which provides that woven sleep shorts and sleep pants be classified under heading 62.07, and not under heading 62.03.&&

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