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NY H87754





February 20, 2002

CLA-2-62:RR:NC:WA:355 H87754

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Aamir Bandukda
Star Investment and Trading L.L.C.
9909 West Roosevelt Road, Suite 204-A
Westchester, IL 60154

RE: The tariff classification of men’s pants from India

Dear Mr. Bandukda:

In your letter dated February 12, 2002, you requested a classification ruling.

Style RA-1R is a pair of men’s 100 percent woven cotton pants. The garment features an enclosed tunneled elasticized waistband with a draw cord, long hemmed pant legs. Although the garment which was submitted with your request features a one button fly, you state that the garment as imported will have an open fly of the same dimensions and will not have a button nor a buttonhole. The garment, both as submitted and when imported, does not and will not have pockets. In your letter you state that you will be importing these garments on behalf of a wholesaler who will resell these to retailers as pajamas bottoms or sleep pants. You submitted no further information or advertising in support of this statement. Your sample will be returned as you have requested.

The applicable subheading for style RA-1R 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 6.2 percent ad valorem.

Style RA-1 falls within textile category designation 351. Based upon international textile trade agreements products of India 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.

Sincerely,

Robert B. Swierupski
Director,

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