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NY L82819





April 5, 2005

CLA-2-61:RR:NC:TA:N3:356 L82819

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030

Mr. Doug LaJeunesse
Phoenix International
4659 World Parkway Circle
St. Louis, MO 63134

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

Dear Mr. LaJeunesse:

In your letter, which was received by this office on March 8, 2005, you requested a tariff classification ruling on behalf of California Manufacturing.

You have submitted two samples of men’s pajama pants constructed from 100 percent cotton, finely knit jersey fabric. The first sample, Style 44913A, has a tunnel elastic waistband with an inside drawstring; an open fly with no means of closure; side seam pockets; and hemmed legs. The second sample, Style 44913B, has a tunnel elastic waistband with an outside drawstring; an open fly with no means of closure; side seam pockets; and hemmed legs. You state that the garments will be imported and sold alone without tops.

The applicable subheading for Styles 44913A and 44913B will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’nightshirts, pajamas ... and similar articles, knitted or crocheted: other: of cotton: sleepwear. The rate of duty is 8.7 percent ad valorem.

Styles 44913A and 44913B fall within textile category designation 351. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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