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NY F83112




February 25, 2000

CLA-2-62:RR:NC:WA:355 F83112

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6203.42.4050; 6207.91.3010

Ms. Debi Windham
Joe Boxer Corp.
1265 Folsom Street
San Francisco, CA 94103

RE: The tariff classification of men’s trousers and shorts from Guatemala, Cambodia, or Thailand

Dear Ms. Windham:

In your letter dated February 14, 2000, you requested a classification ruling.

You submitted three samples of men’s wear. Item 1649 is a men’s pant which you call a pajama pant. It is made of 100 percent woven cotton yarn dyed poplin fabric It has a one inch enclosed drawstring waist, with no pockets and no fly. Item 1650 is a men’s pant which you also call a pajama pant. It is made of 100 percent woven cotton yarn dyed poplin fabric. It has a one inch enclosed drawstring waist, no pockets and a open fly with no closure. Item 1671 is described as a men’s 100 percent cotton woven yarn dyed flannel boxer short. It has an exposed elastic waist band, a one button fly, no pockets and 100 percent cotton knit hangdowns at the hems. It was submitted in a men’s size medium and measures 20 inches from the waist to the bottom of the hem of the outer leg.

You submitted no strong evidence of marketing this merchandise as sleepwear. However, it is noted that item 1650 has an open fly which does not preserve modesty. Items 1649 and 1671 are indistinguishable from merchandise presently sold as loungewear or outerwear.

The applicable subheading for item 1649 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s trousers, of cotton, other, other, trousers and breeches, men’s other. The duty rate will be 17 percent ad valorem.

The applicable subheading for item 1671 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s trousers and shorts, of cotton, other, other, shorts, men’s. The duty rate will be 17 percent ad valorem.

The applicable subheading for item 1650 will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s nightshirts, pajamas and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

Items 1649 and 1671 fall within textile category designation 347. Based upon international textile trade agreements products of Cambodia, Guatemala, and Thailand are subject to quota and the requirement of a visa.

Item 1650 falls within textile category designation 351. Based upon international textile trade agreements products of Guatemala and Thailand are subject to quota and the requirement of a visa. Based upon international trade agreements products of Cambodia require a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 355 at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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