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NY 855362

September 12, 1990

CLA-2-61:S:N:N3-I:356 855362

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6107.91.0010; 6207.91.3000

Ms. Lorraine Dugan
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: The tariff classification of men's sleepwear from Hong Kong.

Dear Ms. Dugan:

In your letter dated August 10, 1990, you requested a tariff classification ruling.

The first sample, Style No. SSP-1000 is a man's pair of short sleep pants which are constructed from 100 percent cotton, finely knit interlock fabric. The garment features a waistband with a tunnel drawstring closure; a fly front opening; and hemmed leg openings. As you have indicated in a telephone conversation with National Import Specialist Assistant Gary Brunwasser, the garment will be manufactured with a two button fly front closure.

The second sample, Style No. 85-107 is a man's pair of short sleep pants which are constructed from 55 percent cotton, 45 percent polyester woven broadcloth fabric. The garment features a waistband with a tunnel drawstring closure; a fly front opening with a one button closure; and hemmed leg openings.

The third sample, Style No. SP-107 is a man's full length pair of sleep pants which are constructed from 55 percent cotton, 45 percent polyester broadcloth fabric. The garment features a waistband with a tunnel drawstring closure; a fly front opening with a two button closure; hemmed leg openings; and a rear patch pocket.

As requested, your samples will be returned.

The applicable subheading for Style No. SSP-1000 will be 6107.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' underpants, briefs, night- shirts, pajamas, bathrobes dressing gowns and similar articles, knitted or crocheted: other: of cotton: men's. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for Style Nos. 85-107 and SP-107 will be 6207.91.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other. The duty rate will be 6.5 percent ad valorem.

Style No. SSP-1000 falls within textile category designation 350 and Style Nos. 85-107 and SP-107 fall within category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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