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NY C81465




November 21, 1997

CLA-2-62:RR:NC:3:TA:355 C81465

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. William A. Vollmerhausen
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of men's woven cotton sleep pants and sleep shorts from El Salvador.

Dear Mr. Vollmerhausen:

In your letter dated November 6, 1997, you requested a classification ruling.

You have submitted two samples. Style 4500 is a 100% cotton woven man's sleep pant. It features an enclosed fully elasticized waistband with a functional drawstring, a one buttoned fly front, side slash pockets and hemmed bottoms. Style 4600 is a 100% cotton woven man's sleep short. It features an enclosed fully elasticized waistband with a functional drawstring, a one buttoned fly front, side slash pockets and hemmed bottoms.

You state in your ruling request, that the items will be sold in sleepwear departments and have enclosed copies of advertisements for these garments.

The applicable subheading for styles 4500 and 4600 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: nightshirts and pajamas: of cotton, other, sleepwear. The duty rate will be 6.4 percent ad valorem.

Styles 4500 and 4600 fall within textile category designation 351. Based upon international textile trade agreements products of El Salvador are not subject to quota and the requirement of a visa at this time.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director, National Commodity

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