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NY C88210




June 12, 1998

CLA-2-62:RR:NC:3:TA:355 C88210

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010; 6203.42.4015

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of men's woven cotton sleep pants from China, Pakistan, Bangladesh, Guatemala, El Salvador, Honduras and Taiwan.

Dear Ms. Cumins:

In your letter dated May 22, 1998, on behalf of Foster Industries Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples, style S/80039M is a 100% cotton woven man's plaid sleepwear pant. It features an enclosed fully elasticized waistband with a functional drawstring, an one button fly front, side slash pockets and hemmed bottoms.

Style S/1247 is a 100% cotton flannel woven man's plaid sleepwear short. It features an enclosed elasticized waistband, an one button fly front, side slash pockets and hemmed bottoms.

You have submitted evidence that shows the garments will be sold and marketed as sleepwear.

Style 1241 is a 100% cotton flannel woven man's plaid pair of pants. The item features an enclosed fully elasticized waistband, side slash pockets and hemmed bottoms.

Style 1241 lacks a fly. Customs noted in HQ 960432, dated August 22, 1997, that "even for those garments that lack both the fly and the side seam pockets, we find the absence of the fly on these bottoms indicative of a multi-purpose garment." Similarly in HQ 958254, dated October 2, 1995, and in HQ 958594, dated January 26, 1996, Customs classified garments without a fly as outerwear garments and not as pajamas.

The applicable subheading for styles S/1247 and S/80039M 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 6.3 percent ad valorem.

The applicable subheading for style 1241 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts: trousers, bib and brace overalls, breeches and shorts: of cotton: other, trousers and breeches: men's: other. The duty rate will be 17.3 percent ad valorem.

Styles S/1247 and S/80039M fall within textile category designation 351. Style 1241 falls within textile category designation 347. Based upon international textile trade agreements products of China, Pakistan, Bangladesh, Guatemala and Taiwan are subject to quota and the requirement of a visa. Products of Honduras are not subject to quota or visa at this time. Products in textile category 351 are subject to visa requirements from El Salvador. Products in textile category 347 are not subject to quota restraints or visa requirements from El Salvador 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,

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