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NY I80436




April 15, 2002

CLA-2-62:RR:NC:WA:355 I80436

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6207.91.3010

M. Hidary & Company, Inc.
10 West 33rd St., 9th flr.
New York, NY 10001-3366

RE: The tariff classification of men’s sleep and lounge pants from Bangladesh, Ghana, India and Nepal

Dear Mr. Hidary:

In your letter dated April 9, 2002, you requested a classification ruling.

You submitted two samples of men’s lower body garments, which were designated as Ref #A and Ref #B, which will be returned. In your letter, you stated that the garments might have a number of differing styling features, such as with or without pockets, with or without buttoned fly front, etc. We will limit our classification ruling to the features of the garments that you have submitted, ie., Ref #A and Ref #B. Should you wish classification rulings on garments with differing features, please provide complete separate descriptions of each garment, preferably with a reference designation as you have done here. Please limit each letter to no more than five such classification requests.

Ref #A is made of 100 percent woven cotton fabric. The garment features a covered elasticized waistband with a drawstring, two side pockets and a front fly with a one-button closure. Ref #B is also made of 100 percent woven cotton fabric. The garment features a covered elasticized waistband with a drawstring, two side pockets and an unsecured front fly.

The applicable subheading for Ref #A 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 Ref #B will be 6207.91.3010, HTS, which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, bathrobes, dressing gowns and similar articles, other, of cotton, other, sleepwear. The duty rate will be 6.2 percent ad valorem.

Ref #A falls within textile category designation 347. Based upon international textile trade agreements products of Bangladesh, Nepal and India are subject to quota and the requirement of a visa. Products of Ghana are not subject to quota and do not require a visa.

Ref #B falls within textile category designation 351. Based upon international textile trade agreements products of Bangladesh and India are subject to quota and the requirement of a visa. Products of Nepal are not subject to quota but do require a visa. Products of Ghana are not subject to quota and do not 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 Camille Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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