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NY M87077

November 2, 2006

CLA-2-62:RR:NC:TA:N3:356 M87077


TARIFF NO.: 6207.21.0010

Ms. Merle L. Haarbauer
Jockey International, Inc.
2300-60th Street
P.O. Box 1417
Kenosha, WI 53141-1417

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

Dear Ms. Haarbauer:

In your letter dated September 28, 2006, you requested a tariff classification ruling. Your sample is being retained for our files.

Style 10142 is a pair of men’s pajamas consisting of a shirt and a pair of shorts. The pajamas will be packaged, imported and sold at retail as a two-piece set in a sealed, clear, heavy weight vinyl display pack with a hanger. A folded cardboard insert inside the sealed vinyl package contains a sketch of the garments and the words “Sleep Set” at the top and ”Jockey Sleepwear” at the bottom in large, conspicuous letters. The garments also have a hangtag and a sewn-in label stating “Sleepwear.” The sealed, vinyl package cannot be opened by the consumer until after purchase.

The pajamas are constructed from 100% cotton, woven fabric with two or more colors in the warp and/or filling. The shirt features a notched collar with lapels, a full front opening with five button closures; short, hemmed sleeves; a patch pocket on the left chest; and a straight, hemmed bottom with side slits. The shorts feature a tunnel elastic waistband with an outside drawstring; a fly front opening with a single button closure; side seam pockets; and hemmed legs.

The applicable subheading for Style 10142, when imported and sold in the sealed vinyl package, is 6207.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men's or boys’pajamas: of cotton: other: men’s. The rate of duty is 8.9% ad valorem.

Style 10142 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.


Robert B. Swierupski
National Commodity

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