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NY F88475

June 20, 2000

CLA-2-62:RR:NC:WA:355 F88475


TARIFF NO.: 6203.42.4015; 6207.91.3010

Ms. Barbara Grier
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of pajama tops and lounge pants from China

Dear Ms. Grier:

In your letter dated June 14, 2000, you requested a classification ruling.

You submitted two garments and identified them as a pajama top, style 45140 and a pajama pant, style 45145. Both are made of 100 percent woven cotton fabric. Style 45140, the top, features a frontal opening with five oversized buttons, (the approximate diameter of the buttons measures .75 inches), a breast patch pocket and lapels. The sleeves are hemmed with no cuffs and there are two small side vents on the shirt body. The pants, style 45145, feature a covered fully elasticized waistband with a drawtape, a decorative button sewn at the top of the covered placketed fly and a one button closure on the fly. No labels were on the garments, nor was any literature or advertising submitted. The top appears to be of the type of shirt top normally identified as a pajama top. The pants appear to be of the type of pants usually identified as lounge pants, suitable for informal, casual, at-home wear.

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

The applicable subheading for the pants will be 6203.42.4015, HTS, which provides for men’s or boys’ trousers, of cotton other, trousers and breeches, men’s, other. The duty rate will be 17 percent ad valorem.

The shirt falls within textile category designation 351. The pants fall within textile category 347. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 Camille Ferraro at 212-637-7082.


Robert B. Swierupski

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