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NY N013484

July 17, 2007



TARIFF NO.: 6208.91.3010

Ms. Mary Butterline Krupnick
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of unisex sleep bottoms from Pakistan

Dear Ms. Krupnick:

In your letter dated June 25, 2007, you requested a classification ruling. The submitted sample will be returned as requested.

Style 960073, which you refer to as a unisex pajama bottom, is constructed from 100 percent cotton woven flannel fabric. The garment features an elasticized drawstring waist, a left over right fly front opening and long hemmed legs.

Based on appearance and the merchandising information you have provided, the garment is considered to be sleepwear.

You have referred to this garment as unisex and indicated that it will be sold to both men and women. Chapter 61, note 9 states:

Garments of this chapter designed for left over tight closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicated that it is designed for one or the other of the sexes.

Although the garment has a left over right fly front opening and you have submitted size specifications identified as unisex, the cut of the garment indicates that it is designed for women. Therefore, the garment will be classified as a woman’s garment.

The applicable subheading for style 960073 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2 percent 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 960073 falls within textile category 352. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.


Robert B. Swierupski

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