6108 39 — Women's or girls' nightdresses and pyjamas of textile materials, knitted or crocheted (excl. of cotton and man-made fibres, T-shirts, vests and négligés)

6108 Women's or girls' slips, petticoats, briefs, panties, nightdresses, pyjamas, négligés, bathrobes, dressing gowns and similar articles, knitted or crocheted: – Slips and petticoats: 6108 11 – – Of man-made filaments 6108 19 – – Of other textile materials – Briefs and panties: 6108 21 – – Of cotton 6108 22 – – Of man-made filaments 6108 29 – – Of other textile materials – Nightdresses and pyjamas: 6108 31 – – Of cotton 6108 32 – – Of man-made filaments 6108 39 – – Of other textile materials

Other: 6108 91 – from cotton yarn 6108 92 – from chemical threads 6108 99 – from other textile materials

This heading includes two separate types of knitted clothing for women or girls, namely combinations, lower skirts, shorts, pantaloons and similar articles (underwear) and nightshirts, pajamas, peñoires, bathing robes (including beach robes), home coats and the like. This heading does not include T-shirts and other wearables (heading 6109).

Notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. This chapter applies only to made-up knitted or crocheted articles.

2. This chapter does not cover:

(a) goods of heading 6212;

(b) worn clothing or other worn articles of heading 6309; or

(c) orthopaedic appliances, surgical belts, trusses or the like (heading 9021).

3. For the purposes of headings 6103 and 6104:

(a) The term ‘suit’ means a set of garments composed of two or three pieces made up, in respect of their outer surface, in identical fabric and comprising: — one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition whose front is made from the same fabric as the outer surface of the other components of the set and whose back is made from the same fabric as the lining of the suit coat or jacket, and — one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs. All of the components of a ‘suit’ must be of the same fabric construction, colour and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric. If several separate components to cover the lower part of the body are presented together (for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be one pair of trousers or, in the case of women's or girls' suits, the skirt or divided skirt, the other garments being considered separately. The term ‘suit’ includes the following sets of garments, whether or not they fulfil all the above conditions: — morning dress, comprising a plain jacket (cutaway) with rounded tails hanging well down at the back and striped trousers, — evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind, — dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though perhaps revealing more of the shirt-front), but has shiny silk or imitation silk lapels.

(b) The term ‘ensemble’ means a set of garments (other than suits and articles of heading 6107, 6108 or 6109), composed of several pieces made up in identical fabric, put up for retail sale, and comprising: — one garment designed to cover the upper part of the body, with the exception of pullovers which may form a second upper garment in the sole context of twin sets, and of waistcoats which may also form a second upper garment, and — one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided skirt. All of the components of an ensemble must be of the same fabric construction, style, colour and composition; they also must be of corresponding or compatible size. The term ‘ensemble’ does not apply to tracksuits or ski suits, of heading 6112.

4. Headings 6105 and 6106 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment, or garments having an average of less than 10 stitches per linear centimetre in each direction counted on an area measuring at least 10 cm × 10 cm. Heading 6105 does not cover sleeveless garments. ‘Shirts’ and ‘shirts-blouses’ are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. ‘Blouses’ are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline. ‘Shirts’, ‘shirt-blouses’ and ‘blouses’ may also have a collar.

5. Heading 6109 does not cover garments with a drawstring, ribbed waistband or other means of tightening at the bottom of the garment.

6. For the purposes of heading 6111:

(a) the expression ‘babies' garments and clothing accessories’ means articles for young children of a body height not exceeding 86 cm;

(b) articles which are prima facie classifiable both in heading 6111 and in other headings of this chapter are to be classified in heading 6111.

7. For the purposes of heading 6112, ‘ski suits’ means garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn principally for skiing (cross-country or alpine). They consist of either:

(a) a ‘ski overall’, that is, a one-piece garment designed to cover the upper and the lower parts of the body; in addition to sleeves and a collar, the ski overall may have pockets or footstraps; or

(b) a ‘ski ensemble’, that is, a set of garments composed of two or three pieces, put up for retail sale and comprising: — one garment such as an anorak, windcheater, wind-jacket or similar article, closed by a slide fastener (zipper), possibly with a waistcoat in addition, and — one pair of trousers, whether or not extending above waist level, one pair of breeches or one bib and brace overall. The ‘ski ensemble’ may also consist of an overall similar to the one mentioned in paragraph (a) above and a type of padded, sleeveless jacket worn over the overall. All the components of a ‘ski ensemble’ must be made up in a fabric of the same texture, style and composition whether or not of the same colour; they also must be of corresponding or compatible size.

8. Garments which are prima facie classifiable both in heading 6113 and in other headings of this chapter, excluding heading 6111, are to be classified in heading 6113.

9. Garments of this chapter designed for left-over-right closure at the front shall be regarded as men's or boys' garments, and those designed for right-over-left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

10. Articles of this chapter may be made of metal thread.

Additional notes

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. For the use of Note 3(b) to this Chapter, the components of the kit must be made entirely of one material, provided that the other requirements in that note are met.

For this purpose:

- the cloth used can be unbleached, bleached, painted, of yarn of various colors or printed;

- a pullover or a rubber jacket, provided that the rubber band is not sewn, but obtained directly in the process of knitting, should be considered a component of the kit, even if there is no rubber band on the garment intended for the lower part of the body.

Clothing sets should not be considered sets if their components are made of different materials, even if the differences are only in their color.

All components of the kit must be presented together for retail sale as a single product. Individual packaging or separate labelling of each component of such a single article shall not affect its treatment as a set.

2. For the purposes of heading 6109, the terms “T-shirt” and “other wearables” apply to underwear, even of a shaped cut, without collar, with or without sleeves, including articles with straps.

Objects of clothing intended for the upper body are often similar to sleeved hoods or to the more traditional types of T-shirts and other wearable hoods of heading 6109.

3. Heading 6111 and subheadings 6116 10 200 0 and 6116 10 800 0 cover gloves, mittens and mittens impregnated or coated with plastic or rubber, even if:

- made of knitted or hand-knitted fabric impregnated or coated with plastic or rubber of heading 5903 or 5906; or

- made of unimpregnated or uncoated knitted fabric of machine or hand knitting and subsequently impregnated or covered with plastic or rubber.

In the case where the knitted fabric of machine or hand knitting is used only for reinforcement, gloves, mittens or mittens, impregnated or coated with porous plastic or porous rubber, belong to chapter 39 or 40, even if they are made of unsoaked or uncoated knitted fabric of machine or hand knitting and subsequently impregnated or covered with porous plastic or porous rubber (note 2(a)(5) and note 5, last paragraph, to chapter 59).