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NY H83249

July 20, 2001

CLA-2-62:RR:NC:WA:355 H83249


TARIFF NO.: 6203.42.4015; 6207.21.0010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men’s woven loungewear and pajamas from China.

Dear Ms. Greener:

In your letter dated June 29, 2001, you requested a classification ruling.

Samples of men’s pj sets and pants were submitted. Item 015-0112 is comprised of a men’s cotton woven pajama shirt top and cotton woven pull-on pants. Item 015-0113 is identical in composition, except that it is the tall size version of the pj set. A pair of men’s pants were also submitted and identified as style 015-0096 (regular) and 015-0097 (tall).

The shirt of styles 015-0112 and 015-0113 features an open neck, a full frontal opening secured with four buttons, a patch breast pocket and long sleeves with deep hems. The pants for styles 015-0112 and 015-0113 feature a fake front fly, an elasticized waist with a drawstring, and hemmed bottoms. The tops and bottoms of the pj sets match in color, design and in fabric construction. The pants of styles 015-0096 and 015-0097 feature a fake front fly, an elasticized waist with a drawstring, two side seam pockets, and hemmed bottoms.

In several submissions you state that these garments will be sold on line at your store website and also in your Holiday catalogue. You state that the tops and bottoms of styles 015-0112 and 015-0113 will be imported in equal quantities of matching sizes and colors and will be sold only as sets in polybags, that they will carry the same style number and that they will not be sold separately. You also stated that the garments will be marked with a sewn in label that states “Eddie Bauer sleepwear”. You have not submitted any advertising for these specific garments, nor is there any information available on-line for these garments. You state that this is the first time you are selling men’s garments of this type.

The applicable subheading for the pants, styles 015-0096 and 015-0097 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, men’s, other. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for the pj sets, styles 015-0112 and 015-0113 will be 6207.21.0010, 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, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9.1 percent ad valorem.

Styles 015-0098 and 015-0097 fall within textile category designation 347. Styles 015-0112 and 015-0113 fall within textile category designation 351. Based upon international textile trade agreements products of Macau 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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