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NY K85836

May 12, 2004
CLA-2-62:RR:NC:WA:355 K85836


TARIFF NO.: 6207.21.0010

Ms. Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of men’s sleepwear from India

Dear Ms. Cheung:

In your letter dated May 3, 2004, you requested a classification ruling.

You submitted samples of styles FA60 (dept 537), and FA70 (dept 537). You describe these samples as men’s boxed sets of pajamas. The samples were submitted in a size medium. Each set consists of a top made from 100% 1x1 rib knit cotton fabric, and a pant made from 100% yarn-dyed woven cotton flannel fabric.

The pants for both pajamas feature an elasticized waistband with a drawstring, an open fly front with no means of closure, two side pockets and hemmed leg openings. The top for style FA60 features a crewneck, short hemmed sleeves, and a hemmed bottom. The top for style FA70 features a Henley neck with a three button opening, long hemmed sleeves and a hemmed bottom.

In your letter you gave detailed information on the packaging of these garments. Both top and bottom will be folded, boxed, imported, and sold in the box as a pajama set. The top portion of the cardboard box has a see-through plastic panel through which the garments can be viewed. Additionally, there is a belly band around the garments in the box which says “Club Room by Charter Club” and “MEN’S PAJAMA SET”. This same wording appears on the bottom of the box and the words “Men’s Pajama Set” along with the size appears on the side of the box..

The applicable subheading for styles FA60 and FA70 will be 6207.21.0010, 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, nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 8.9% ad valorem.

Styles FA60 and FA70 fall within textile category designation 351. Based upon international textile trade agreements products of India 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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