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NY I88841




December 23, 2002

CLA-2-61: RR:NC:TA:N3:356 I88841

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020

Mr. John Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of knit lounge pants from Thailand.

Dear Mr. Pellegrini:

In your letter dated November 26, 2002, you requested a tariff classification ruling on behalf of Briefly Stated, Inc. As requested, your sample will be returned.

Style UN705S is a pair of lounge pants constructed from 100 percent cotton, jersey knit fabric with an allover screen print design. The pants have an exposed jacquard elastic waistband; a one button fly front that opens left over right; and hemmed leg openings. You state that the style number identifies the body type (UN), license (705), and artwork (S) and that all style numbers beginning with UN will have the same physical characteristics as the submitted sample. The differences will be confined to the license (a different cartoon character) and artwork (color and print).

Although you state that Style UN705S is unisex, the left over right front opening identifies the garment as men’s wear. Consequently, the applicable subheading for Style UN705S will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches men’s. The rate of duty is 16.3 percent ad valorem. Effective January 1, 2003, the rate of duty will be 16.2 percent ad valorem.

Style UN705S falls within textile category designation 347. Based upon international textile trade agreements, products of Thailand are subject to visa requirements and quota restraints.

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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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