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NY J82081

March 19, 2003

CLA-2-62:RR:NC:WA:355 J82081


TARIFF NO.: 6207.91.3010

Ms. Dana N. Mobley
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of men’s sleep pants from Nicaragua

Dear Ms. Mobley:

In your letter dated March 13, 2003, you requested a classification ruling.

You submitted a sample of men’s sleep pants identified as style 2D03010511 which will be retained by this office. The pants are made of 100 percent brushed cotton woven fabric. They feature an elasticized waistband with a drawcord, two side seam pockets, hemmed pant legs and a front fly with a one-button closure. The one button, situated approximately 2 ½ inches down from the waistband on an 8-inch fly opening, does not ensure modesty. The garment is not suitable to wear for informal occasions in or about the house. Should the construction of the garment change in any manner from this submitted sample, it could impact the given classification of same.

The applicable subheading for style 2D03010511 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 6.1 percent ad valorem.

Style 2D03010511 falls within textile category designation 351. Based upon international textile trade agreements products of Nicaragua are not subject to quota and do not require 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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