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NY G83301

October 16, 2000

CLA-2-62:RR:NC:WA:355 G83301


TARIFF NO.: 6207.91.3010

Ms. Allison M. Baron
Sharetts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004

RE: The tariff classification of men’s cotton sleep pants from Bulgaria, China, Mongolia, Turkey or Thailand

Dear Ms. Baron:

In your letter dated October 12, 2000, you requested a classification ruling on behalf of Isaco International.

Your submitted sample, style 507AWO, is stated to be made of 100 percent cotton woven fabric. The garment features a covered elasticized waistband with a drawstring, two side pockets, hemmed bottoms and an unsecured fly. You state that these garments will be purchased, marketed and sold as sleepwear. Specifically you state: “sleepwear buyers of major retailers will purchase the subject garments as sleepwear items to be sold in their sleepwear departments. These garments will be advertised as sleepwear items with a loose, comfortable cotton construction designed to be worn as sleep pants.” In support of your claim, you submitted an exemplar of the hangtag which will be affixed to the garment. The tag has advertising copy which identifies the garment as sleepwear. Additionally, you submitted advertising copy used for buyers which is headed with the identifier “cotton woven sleep pants”.

The applicable subheading for style 507AWO 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, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

Style 570AWO falls within textile category designation 351. Based upon international textile trade agreements products of China, Turkey and Thailand are subject to quota and the requirement of a visa. Products of Bulgaria and Mongolia are not subject to quota, nor do they require 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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