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NY J87216




August 25, 2003

CLA-2-62:RR:NC:WA:355 J87216

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Bruce D. Roberts
Miami International Forwarders
1801 NW 82nd Avenue
Miami, Fl 33126-1013

RE: The tariff classification of sleep pants from Honduras

Dear Mr. Roberts:

In your letter dated August 13,2003, you requested a classification ruling on behalf of TAC Apparel.

You submitted two samples of a garment which you identified as style S1052. The garment is made of 100% cotton woven fabric and features a non-elastic tunneled waistband through which a self-fabric drawtape is threaded; a back patch pocket; a fly with a one-button closure; and hemmed pant legs. In your letter and on the hang tag which is attached to one of the samples, it states that the garment features on-seam pockets. There are no on-seam side pockets on the sample. For purposes of this ruling we are classifying the garment as it is presented to us, with the only pocket being the back patch pocket. We are returning one of the two samples submitted; the other is being retained for official purposes.

The applicable subheading for style S1052 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% ad valorem.

Style 1052 falls within textile category designation 351. Based upon international textile trade agreements products of Honduras 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 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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