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NY H89523

April 5, 2002

CLA-2-62:RR:NC:WA:355 H89523


TARIFF NO.: 6207.21.0010

Ms. Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of men’s sleepwear from Nepal

Dear Ms. Cheung:

In your letter dated March 14, 2002, you requested a classification ruling.

You submitted a sample of style 445BLP537 which you describe as a men’s boxed set of pajamas. The sample was submitted in a size medium. The set consists of a knit top made from 100 percent cotton waffle fabric, and a 100 percent woven cotton pant. You state that the submitted style will also be available in other colors under style numbers 441GP537, 442RPL537, 444BLW537 and 446GBC537.

The knit top features a Henley neck with a three button opening, long hemmed sleeves and a hemmed bottom. The woven flannel pant features an elasticized waistband with a drawstring, a front fly opening with no means of closure, two side pockets and hemmed legs.

In your letter you gave detailed information on the packaging, advertising and marketing of these garments. Both top and bottom will be folded, boxed, imported, and sold in the box as a pajama set. The top portion of the cardboard box has a see-through plastic panel through which the garments can be viewed. Additionally, attached to the top garment is an advertising card which says “Club Room by Charter Club” and “MEN’S PAJAMA SET”. This same wording appears on the bottom and the two opposite sides of the box.

The applicable subheading for styles 445BLP537, 441GP537, 442RPL537, 444BLW537 and 446GBC537 will be 6207.21.0010, 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, 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 percent ad valorem.

Styles 445BLP537, 441GP537, 442RPL537, 444BLW537 and 446GBC537 fall within textile category designation 351. Based upon international textile trade agreements products of Nepal require a visa, but are not subject to quota.

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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