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NY C81964

December 15, 1997

CLA-2-62:RR:NC:3:TA:355 C81964


TARIFF NO.: 6207.91.3010

Ms. Susan Sprung
D. Hauser, Inc.
182-53 150th Avenue
New York, NY 11413

RE: The tariff classification of men's woven cotton sleep pants from India, Bangladesh and Nepal.

Dear Ms. Sprung:

In your letter dated November 20, 1997, on behalf of Orient Arts, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 9511 is a 100% cotton flannel woven man's sleepwear pant. It features an enclosed fully elasticized waistband with a functional drawstring and a one button closure, a two button fly front, a buttoned back pocket and hemmed bottoms. You state in your ruling request that the bottoms will be sold and marketed as sleepwear. You have provided this office with a catalogue supporting that statement.

The applicable subheading for style 9511 will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys', singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton, other, sleepwear. The duty rate will be 6.4 percent ad valorem. The 1998 duty rate will be 6.3 percent ad valorem.

Style 9511 falls within textile category designation 351. Based upon international textile trade agreements products of India and Bangladesh are subject to quota and the requirement of a visa. Products of Nepal are subject to visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject 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 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 Gerard Shea at 212-466-5878.


Robert B. Swierupski
Director, National Commodity

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