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NY N005812





February 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4016

Ms. Margaret Cummings
Casual Male Retail Group, Inc. dba Designs Apparel, Inc.
555 Turnpike Street
Canton, MA 02021

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

Dear Ms. Cummings:

In your letter dated January 19, 2007, you requested a tariff classification ruling for Styles LW-3075-HB37 and LW-1009-CR37. As a sample of Style LW-1009-CR37 was not submitted, we are unable to classify the garment. Your sample of Style LW-3075-HB37 will be returned, as requested.

Style LW-3075-HB37 is a pair of men’s lounge pants constructed from 100% cotton, woven fabric. The pants have a tunnel elastic waistband with an outside drawstring, a fly front opening with a single button closure, side seam pockets, and hemmed legs.

Although you identify the garment as sleep pants, garments of this style are considered to be multi-use garments. The presence of the button on the fly provides sufficient closure for wear in a variety of situations in and around the home. As such, the pants are not classified in heading 6207, HTSUS, which is limited to garments that are designed for wear only to bed for sleeping.

Consequently, the applicable subheading for Style LW-3075-HB37 will be 6203.42.4016, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: trousers and breeches: men’s: other. The duty rate is 16.6% 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/.

Style LW-3075-HB37 falls within textile category designation 347. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 the ruling 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 the ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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