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NY I80792




April 25, 2002

CLA-2-62:RR:NC:WA:355 I80792

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6207.91.3010

Ms. Dana Mobley
J.C. Penney Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of men’s lounge and sleep pants from Indonesia

Dear Ms. Mobley:

In your letter dated April 19, 2002, you requested a classification ruling.

You submitted two samples of men’s lower body garments which you identified as sleepwear pants, styles 505-0503 and 505-0503A. Both are made of 100 percent woven cotton and will be imported in sizes small to extra large. Your samples will be returned as you have requested.

Style 505-0503 has a covered elasticized waistband with a drawstring. It does not have pockets. The front fly is not secured by any means, however, it is noted that the opening is sewn down for approximately two and a half inches from the waistband and the actual opening is much smaller than that which is usual in the trade. The opening does not gap; modesty is preserved.

Style 505-0503A has a covered elasticized waistband with a drawstring, two side seam pockets and an open fly with no means of securing it closed. Unlike style 505-0503, this fly opening begins just under the waistband and continues for a normal length. A slight gapping of the fly opening is observed.

The applicable subheading for style 505-0503 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 505-0503A will be 6207.91.3010, 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.

Style 505-0503 falls within textile category designation 347. Style 505-0503A falls within textile category designation 351. Based upon international textile trade agreements products of Indonesia 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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