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February 26, 1999

CLA-2-62:RR:NC:3:TA:355 D87890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Yvonne Arking
Americo Group, Inc.
20 West 33rd Street
New York, NY 10001

RE: The tariff classification of men's woven cotton sleep pants from India.

Dear Ms. Arking:

In your letter dated February 5, 1999, you requested a classification ruling.

Your submitted sample, style PNP780M is a 100% cotton woven man's plaid sleepwear pant. It features an enclosed fully elasticized waistband with an adjustable drawstring, an unsecured open fly front, no pockets and hemmed bottoms. Style PNP779M is identical to style PNP780M, except it will be imported in solid instead of plaid.

You state that 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 India 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 212-637-7082.

Sincerely,

Robert B. Swierupski
Director, National Commodity

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