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NY N009570




May 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Ms. Debbie Carlson
College Concepts, LLC
2000 River Edge Pkwy, Suite 620
Atlanta, GA 30328

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

Dear Ms. Carlson:

In your letter dated April 9, 2007, you requested a tariff classification ruling. Your sample is being returned, as requested.

Style MSD is a pair of men’s pajamas consisting of a knit top and a woven bottom. The top is constructed from 100% cotton, finely knit jersey fabric and the bottom is constructed from 55% cotton, 45% polyester, woven yarn dyed, plaid fabric. The pullover top features a rib knit crew neckline, short hemmed sleeves, a large embroidery on the left chest, and a straight hemmed bottom. The bottom is a pair of shorts and features an elasticized waistband, a fly front opening with a single button closure, embroidery on the left leg, and hemmed leg openings.

The tops and the bottoms of Style MSD will be folded and boxed together as a set and will be imported and sold together at retail in a sealed, shrink wrapped, cardboard box with a clear vinyl window. The folded garments will show through the window. There is also a cardboard insert visible through the vinyl window that states “Men’s Sleep Set” and shows a sketch of the top and the bottom, as well as the country of origin, the fiber content, the RN number, the washing instructions, and the size of the garment.

Following General Rule of Interpretation 3(c), the applicable subheading for Style MSD will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), 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% ad valorem.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

Sincerely,

Robert B. Swierupski
Director,

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