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NY H83250

July 20, 2001

CLA-2-62:RR:NC:WA:355 H83250


TARIFF NO.: 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 pajamas from Macau.

Dear Ms. Greener:

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

Samples of a men’s top and pants were submitted and identified as item 015-0116 and 015-0117. Style 015-0116 is comprised of a men’s cotton woven shirt top and cotton woven pull-on pants. Item 015-0117 is identical in composition, except that it is the tall size version of the submitted sample. You state that these garments are men’s pajamas.

The shirt of styles 015-0116 and 015-0117 features an open neck, a full frontal opening secured with four buttons, a patch breast pocket and long sleeves with deep hems. The pants which you submitted for styles 015-0116 and 015-0117 feature a fake front fly, an elasticized waist with a drawstring, two side seam pockets, and hemmed bottoms. In a later telephone conversation you stated that the pants which are to be imported as part of the pajama set will not have any pockets. We are issuing a ruling decision based upon the pants of styles 015-0116 and 015-0117 not having pockets. In all other aspects, the samples of the garments are identical to those garments which will be imported. The tops and bottoms of these garments match in color, design and in fabric construction.

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 015-0116 and 015-0117 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 styles 015-0116 and 015-0117 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.

The pajamas 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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