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NY I86247

September 25, 2002

CLA-2-62:RR:NC:WA:355 I86247


TARIFF NO.: 6207.21.0030

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

RE: The tariff classification of men’s pajamas from Taiwan

Dear Ms. Greener:

This letter is issued to replace NY ruling I85925 which contained incorrect style numbers due to typographical errors. The correct style numbers are 015-0319 and 015-0320. The letter with corrections follows:

In your letter dated August 30, you requested a classification ruling.

A sample of a men’s pajama set was submitted. It is representative of two styles; one style being designed for regular sizes and the other style for tall sizes. Item 015-0319 is comprised of a men’s cotton woven pajama shirt top and cotton woven pants. This style is the regular sized garment. Item 015-0320 is the tall version of the pajama set. The shirt features an open notched collar, a full frontal opening with four buttons, a left chest patch pocket, a straight hemmed bottom and long sleeves with turned under cuffs. The pants feature an elasticized waistband with a drawtape, two side seam pockets and a front fly with a snap. The snap is covered by an additional section of folded fabric. The shirt and pants match in fabric and color design.

In your letter you state that these garments will be sold only in your catalogue, and only as a set. You state that the tops and bottoms of styles 015-0319 and 015-0320 will be imported and sold only as sets in polybags, that they will carry the same style number and that they will not be sold separately. Although you have not submitted any advertising for these specific garments, you did submit a page from a previous catalogue which you state is representative of they type of advertising these garments will receive.

The applicable subheading for styles 015-0319 and 015-0320 will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts and pajamas, of cotton, other, men’s. The duty rate will be 9 percent ad valorem.

Styles 015-0319 and 015-0320 fall within textile category designation 351. Based upon international textile trade agreements products of Taiwan 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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