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NY H87444




February 7, 2002

CLA-2-62:RR:NC:WA:355 H87444

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6207.91.3010

Ms. Jennifer Archer
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA 90009-0008

RE: The tariff classification of men’s lower body garments from Cambodia, China, Korea, Malaysia and Thailand

Dear Ms. Archer:

In your letter dated February 4, 2002, you requested a classification ruling on behalf of Pacific Teaze, Inc.

Three pairs of pants were submitted. All are made of 100 percent woven cotton, all lack pockets and all feature a covered elasticized waist with a drawcord. Style 11538 has an unsecured fly (open fly). Styles 11537 and 22556 feature a one-button fly. You state that these garments are pajama bottoms and will be marketed as “sleepwear/Pajama Bottoms”, yet no further information or marketing material was supplied.

The applicable subheading for styles 11537 and 22556 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, other. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for style 11538 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, other, of cotton, other, sleepwear. The duty rate will be 6.2 percent ad valorem.

Styles 11537 and 22556 fall within textile category designation 347. Based upon international textile trade agreements products of Cambodia, China, Korea, Malaysia and Thailand are subject to quota and the requirement of a visa.

Style 11538 falls within textile category designation 351. Based upon international textile trade agreements products of China, Korea, Malaysia and Thailand are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Cambodia require a visa but are not subject to quota.

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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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