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NY H87049

January 16, 2002

CLA-2-62:RR:NC:WA:355 H87049


TARIFF NO.: 6207.91.3010

Ms. Dana N. Mobley
J.C. Penney Company Inc.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of men’s sleep shorts from Indonesia

Dear Ms. Mobley:

In your letter dated January 2, 2002 you requested a classification ruling.

You submitted a garment identified as JC Penney lot number 6450. The garment is a pair of men’s woven sleep shorts, constructed of 100 percent cotton fabric. The garment features three panels in the back and two front panels. The extra back panel creates a roomy seat. There is an elasticized waistband, hemmed leg openings with side seam vents, and an exposed one-button fly that does not break the wasitband. There are no pockets on the garment.

The applicable subheading for item 6450 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, bathrobes, dressing gowns and similar articles, other, other, sleepwear. The duty rate will be 6.2 percent ad valorem.

Item 6450 falls within textile category designation 351. Based upon international textile trade agreements products of Indonesia 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 R. Ferraro at 646-733-3046.


Robert B. Swierupski

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