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NY K86713





July 2, 2004

CLA-2-61: RR:NC:TA:356 K86713

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.43.1520

Ms Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of men’s knit pants from Mongolia.

Dear Ms. Shira:

In your letter dated March 17, 2004, and in subsequent correspondence dated June 1, 2004, you requested a tariff classification ruling on behalf of Isaco International. As requested, your samples will be returned.

Style 1693 is a pair of men’s pants constructed from 80 percent cotton, 20 percent polyester, finely knit velour fabric. The pants have a one button fly front; a tunnel elastic waistband with an outside drawstring; side seam pockets; and hemmed legs. The pants are rolled into a paper sleeve that states “Velour Sleep Pant”.

Style 1696 is a pair of men’s pants constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. The pants have a one button fly front; a tunnel elastic waistband with an outside drawstring; side seam pockets; and tunnel elastic at the ankles. The pants are rolled into a paper sleeve that states “Fleece Sleep Pant”.

Although you refer to Styles 1693 and 1696 as sleep pants and have provided information concerning their merchandising, garments of this type are considered multi-use garments because of the nature of the fabric and the styling features. They are suitable for wear in a variety of situations in and around the home and, as such, are not classifiable in heading 6107, which is limited to garments that are designed for wear only to bed for sleeping.

The applicable subheading for Style 1693 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of cotton: trousers and breeches: men’s. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for Style 1696 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of synthetic fibers: other: trousers and breeches: men’s. The rate of duty will be 28.2 percent ad valorem.

Style 1693 falls within textile category designation 347 and Style 1696 falls within textile category designation 647. Based upon international textile trade agreements, products of Mongolia are not presently subject to visa requirements or 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 Textile Status Report for Absolute Quotas, which is available at our Web Site at www.cpb.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,


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