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NY B86024




November 10, 1997

CLA-2-61:RR:NC:TA:N3:355 B86024

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Ms. Gail Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of men's knit and woven pajamas from India.

Dear Ms. Cumins:

This is in response to your letter, which was submitted on behalf of Together Crafts, Inc., requesting a ruling on the tariff classification of men's knit and woven pajamas from India. As requested, your samples will be returned.

Style 7901241 is a pair of men's pajamas. The pajama top is constructed from 100 percent cotton, finely knit fabric and has a wide, loose fitting body with a rib knit, Henley neckline; a three button partial front opening; long, loose fitting, hemmed sleeves; and a straight, hemmed bottom with side slits. The pajama bottom is constructed from 100 percent cotton, plaid flannel fabric and has an exposed elastic waistband; a one button fly front opening which does not break the waistband; a rear patch pocket; side seam pockets; and elastic at the ankles.

The two piece pajama set is folded and flat packed and has a cardboard wrapper which shows the brand name and reads: "100% COTTON SLEEPWEAR SET" in large contrasting color letters. You have also supplied a letter from the retail purchaser stating that the item will be packaged, retailed and sold as a sleepwear set in their pajama department.

Consequently, the applicable subheading for Style 7901241 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' ... nightshirts, pajamas, bathrobes, dressing gowns and similar articles: nightshirts and pajamas: of cotton: with two or more colors in the warp and/or filling: mens's. The duty rate will be 9.3 percent ad valorem.

Style 7901241 falls within textile category designation 351. Based upon international textile trade agreements, products of India are subject to a visa requirement and quota restraints.

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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 regard- ing this ruling, contact National Import Specialist Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director,

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