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NY 872814

April 23, 1992

CLA-2-61:S:N:N3-I:356 872814


TARIFF NOS.: 6105.10.0010; 6203.42.4015

Mr. Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Avenue
Suite 314
Jamaica, New York 11434

RE: The tariff classification of a man's shirt and pants from Hong Kong.

Dear Mr. Weinrauch:

In your letter dated February 25, 1992, you requested a tariff classification ruling on behalf of Centerfold/Calvin Klein.

Style No. PJKW-02 consists of two garments, a shirt and a pair of pants. Style No. PJKW-02 (shirt) is a man's short sleeved shirt which is constructed from 100 percent cotton, knit fabric that measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The garment features a v-shaped neckline; a partial front opening with a three button placket; a nine inch wide woven fabric sweat patch which is sewn onto the inside of the rear neck area; rib knit edging at the neckline and placket; rib knit cuffs; side slits; and a hemmed bottom.

Style No. PJKW-02 (pants) is a man's pair of pants constructed from 70 percent cotton, 30 percent rayon, woven fabric. The garment features an elasticized tunnel waistband which encircles the waist, except for a four inch area on either side of the buttoned front opening; a tab with a single button closure on the inside of the waistband; a covered fly front with a one button closure; and hemmed pant legs.

As requested, your samples will be returned.

You have stated in your letter that the shirt and pants are sleepwear and will be sold as a set. Based on an examination of the samples, however, there is no indication that the garments are designed for wear to bed for sleeping nor has any supporting evidence been supplied. Consequently, the applicable subheading for Style No. PJKW-02 (shirt) will be 6105.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of cotton: men's. The duty rate will be 21 percent ad valorem.
The applicable subheading for Style No. PJKW-02 (pants) will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of cotton: other: other trousers and breeches: men's: other. The duty rate will be 17.7 percent ad valorem.

Style No. PJKW-02 (shirt) falls within textile category designation 338 and Style No. PJKW-02 (pants) falls within textile category designation 347. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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