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NY C89214


July 13, 1998

CLA-2-62:RR:NC:3:TA:355 C89214

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Debi Mitchell

Joe Boxer Corp.

1265 Folsom Street

San Francisco, CA 94103

RE: The tariff classification of men's woven cotton sleep pants from Turkey, Thailand, Guatemala, India and Egypt.

Dear Ms. Mitchell:

In your letter dated June 17, 1998, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples, style 1493 is a 100% cotton woven man's plaid sleepwear pant. It features an enclosed fully elasticized waistband with a functional drawstring, an unsecured fly front and hemmed bottoms.

Style 1507 is a 100% cotton flannel woven man's plaid sleepwear pant. It features an enclosed elasticized waistband with a functional drawstring, an unsecured fly front, front slash pockets and hemmed bottoms.

Style 1508 is a 100% cotton flannel woven man's plaid sleepwear pant. It features an enclosed elasticized waistband with a functional drawstring, an unsecured fly front, side slash pockets and hemmed bottoms.

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

The applicable subheading for styles 1493, 1507 and 1508 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.

Styles 1493, 1507 and 1508 fall within textile category designation 351. Based upon international textile trade agreements products of Turkey, Thailand, Guatemala and India are subject to quota and the requirement of a visa. Products of Egypt are subject to visa requirements.

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,


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