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NY F82458





February 2, 2000

CLA-2-62:RR:NC:WA:355 F82458

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Mel Block
Pacific Teaze, Inc.
20826 Lassen Street
Chatsworth, CA 91311

RE: The tariff classification of men’s sleepwear bottoms from Hong Kong, Bangladesh, Nepal, China or Thailand

Dear Mr. Block:

In your letter dated January 28, 2000, you requested a classification ruling.

A representative sample of sleepwear bottoms was submitted. It was identified as style 11536AYD. It was one of thirteen styles listed in your letter. In a telephone conversation you limited your request to two styles, one the submitted sample and another which you stated is identical in style to the sample, except that the fabric would be a flannel. This is style 11536AF. For purposes of this ruling, we assume that the two styles, except for the type of fabric, will be identical.

The sleepwear bottoms are made of 100 percent cotton and are constructed with a fully elasticized waist with a drawstring. There is a fly which has no type of fastener to close it. The fly, which measures approximately 1 inch deep and 5 inches in length, appears to gap open easily. There are no side pockets. The pant legs are fully hemmed.

The applicable subheading for styles 11536AYD and 11536AF will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets, pajamas.and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

The sleeper bottoms fall within textile category designation 351. Based upon international textile trade agreements products of Hong Kong, Bangladesh, China and Thailand are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Nepal require a visa only.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 355 at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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