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NY L86412




August 2, 2005

CLA-2-62:RR:NC:TA:N3:356 L86412

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0030

Mr. Ron M. del Mundo
Gymboree Manufacturing, Inc.
500 Howard Street
San Francisco, CA 94105

RE: The tariff classification of men’s woven pajamas from China.

Dear Mr. del Mundo:

In your letter dated July 21, 2005, you requested a tariff classification ruling. As requested, your sample will be returned.

Item SKU #140-006237 is a pair of men’s pajamas constructed from 100 percent cotton, printed flannel fabric. The pajama top has a notched collar; a full front opening with five button closures; long, hemmed sleeves; and a straight, hemmed bottom. The pajama bottom has a tunnel elastic waistband; a two button fly; and hemmed legs. The pajamas will be imported in men’s sizes S through XXL. You state that Item SKU #140-006237 will be marketed and sold only as a two piece pajama set and will match a boys’ two piece pajama in a “father/son” offering.

The applicable subheading for Item SKU #140-006237, will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys’ nightshirts and pajamas of cotton: with two or more colors in the warp and/or the filling: men’s. The rate of duty is 8.9 percent ad valorem.

Item SKU #140-006237 falls 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,

Robert B. Swierupski
Director,
National Commodity

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