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NY M86240




September 28, 2006

CLA-2-61:RR:NC:TA:N3:356 M86240

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030

Mr. Vlady Cornateanu
Addiction Premium
110 E. 9th Street, #A403
Los Angeles, CA 90079

RE: The tariff classification of a men’s boxed sleep pant and sleep short from China.

Dear Mr. Cornateanu:

In a letter dated August 29, 2006, you requested a tariff classification ruling. Your samples are being retained for our files.

You have submitted two garments that are each packaged for retail sale in a sealed cardboard box. The first garment, Style HDLP-1, is a pair of pants constructed from 100% cotton, finely knit, jersey fabric. The garment has an all over screen print design and features a tunnel elastic waistband with an outside drawstring, a fly front opening with two button closures, side seam pockets, and hemmed legs.

The second garment, Style JBBX-1, is a pair of shorts constructed from 100% cotton, finely knit, jersey fabric. The garment has an all over screen print design and features a tunnel elastic waistband, a fly front opening with a single button closure, and hemmed legs.

You state that Styles HDLP-1 and JBBX-1 will be imported and sold at retail in a cardboard box with a clear vinyl window that allows the screen print design to be viewed. The box is secured by means of a clear plastic band and is not designed to be opened until after purchase by the ultimate consumer. The front and the back of the box contain a sketch of a moon and stars and the words “Sleep Short by Ralph Marlin” or “Sleep Pant by Ralph Marlin”. There is also a hang tag attached to the garments that shows a sketch of a moon and stars with the words “Sleep Short by Ralph Marlin” or “Sleep Pant by Ralph Marlin”.

The garments, in their retail packaging, will be marketed, displayed and sold as sleepwear. Following HRL 965113 of June 29, 2001, the applicable subheading for Styles HDLP-1 and JBBX-1 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’nightshirts, pajamas ... and similar articles, knitted or crocheted: of cotton: other: sleepwear. The rate of duty will be 8.7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles HDLP-1 and JBBX-1, when packaged, displayed, marketed, and sold in the sealed cardboard box described above, will fall within textile category designation 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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,

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