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NY J86415




July 22, 2003

CLA-2-61:RR:NC:WA:355 J86415

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030; 6207.91.3010

Ms. Ruth Hayd
Kohl’s Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of men’s shorts from Nicaragua and Thailand

Dear Ms. Hayd:

In your letter dated June 20, 2003. you requested a classification ruling.

You submitted two styles of men’s shorts which you described as “jam boxers” in your letter. The samples will be returned as you have requested.

Style JR1010 is a pair of men’s jam style sleep shorts constructed from 97% cotton and 3% spandex woven fabric. The garment features a tunnel elastic waistband with an exterior, self-fabric drawstring; side seam pockets; a functional, unsecured fly front opening without any means of closure; and hemmed legs.

Style JR1011 is a pair of men’s jam style sleep shorts constructed from 100% cotton finely knit jersey fabric. The garment features a tunnel elastic waistband with an inside, self-fabric drawstring; side seam pockets; a functional, unsecured fly front opening without any means of closure; and hemmed legs.

The applicable subheading for JR1011 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’nightshirts, pajamas,and similar articles, knitted or crocheted: nightshirts and pajamas: other: of cotton: sleepwear. The duty rate will be 8.8 % ad valorem.

The applicable subheading for style JR1010 will be 6207.91.3010, 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% ad valorem.

Style JR1010 falls within textile category designation 351. Style JR1011 falls within textile category designation 351. Based upon international textile trade agreements products of Nicaragua and Thailand 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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