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NY D80638


August 10, 1998

CLA-2-62:RR:NC:3:TA:355 D80638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Kelley L. Walter

Westport

Two Corporate Drive

Shelton, CT 06484

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

Dear Ms. Walter:

In your letter dated July 22, 1998, on behalf of Brooks Brothers, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples, style 9019 is a 100% cotton woven man's plaid sleepwear pant. It features an enclosed fully elasticized waistband with an adjustable drawstring, a one button fly with a left over right closure, side slash pockets, one back pocket and hemmed bottoms.

Your second style which hasn't been assigned a style number as yet is a 100% cotton woven man's plaid sleepwear short. It features an enclosed elasticized waistband with an adjustable drawstring, a one button fly with a left over right closure, side slash pockets, a back pocket and hemmed bottoms.

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

The applicable subheading for both styles 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.

Both styles fall within textile category designation 351. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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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