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NY 882670




March 5, 1993

CLA-2-62:S:N:N5:355 882670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Laurie Everill
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a man's woven, boxer-style sleepshorts from Hong Kong.

Dear Ms. Everill:

In your letter dated February 3, 1993, you requested a tariff classification ruling.

Lot No. 505-4300 is a pair of man's boxer-style sleepshorts constructed from 100 percent cotton, woven denim fabric. The sample, which is designed for wear in bed, is a boxer short style garment with a fully elasticized waistband which no break. The garment also has a fly with a button closure and hemmed leg openings.

The applicable subheading will be 6207.91.3010, 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: sleepwear. The duty rate will be 6.5 percent ad valorem.

Lot No. 505-4300 falls within textile category designation 351. Based upon international textile trade agreements, products of Hong Kong are subject only 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 subject 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 merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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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