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NY G81720

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September 29, 2000

CLA-2-62:RR:NC:WA:355 G81720

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050; 6207.91.3010

Ms. Marina Adjemian
Mittelstaedt, Galaviz & Mylin, Inc.
341 Broadway Street
San Francisco, CA 94133

RE: The tariff classification of men’s shorts and sleep bottoms from Hong Kong or China.

Dear Ms. Adjemian:

In your letter dated September 26, 2000, you requested a classification ruling on behalf of MJC, Inc.

Two styles of men’s 100 percent cotton woven garments were submitted. They will be returned as you have requested. Style STC-2002R is a pair of men’s shorts which feature a covered elasticized waistband with a drawstring, a mock fly, two side seam pockets, and hemmed bottoms. They come just to the top of the knee in pant length. Style STCJ-2002R is a pair of men’s sleep bottoms. They feature an open fly with no closure, a covered elasticized waistband with a drawstring, and hemmed bottoms. The sleep bottoms come just to the top of the knee in pant length.

The applicable subheading for style STC-2002R will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and sorts, of cotton, other, other, shorts, men’s. The duty rate will be 17 percent ad valorem.

The applicable subheading for style STCJ-2002R will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’nightshirts, pajamas, bathrobes, dressing gowns and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.3 percent ad valorem.

Style STC-2002R falls within textile category designation 347. Style STCJ-2002R falls within textile category designation 351. Based upon international textile trade agreements products of both Hong Kong and China are subject to quota and the requirement of 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6203.42.40 - Men's or boys' trousers and shorts, not bibs, not knitted or crocheted, of cotton, not containing 15% or more by weight of down, etc
• Tariff No.: 6207.91.30 - Men's or boys' singlets and other undershirts, not knitted or crocheted, of cotton