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NY I82768





June 12, 2002

CLA-2-62:RR:NC:WA:355 I82768

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men’s pajamas from China

Dear Ms. Greener:

In your letter dated May 29, 2002, you requested a classification ruling.

A samples of a men’s pajama set was submitted. It is representative of two styles; one style being designed for regular sizes and the other style for tall sizes. Item 015-0232 is comprised of a men’s cotton woven pajama shirt top and cotton woven pull-on pants. This style is the regular sized garment. Item 015-0233 is the tall version of the pajama set. The shirt features an open notched collar, a full frontal opening with four buttons, a left chest patch pocket, a straight hemmed bottom and long sleeves with turned cuffs. The pants feature an elasticized waistband with a drawtape, two side seam pockets and a fake front fly with a snap. The shirt and pants match in fabric and color design.

In your letter you state that these garments will be sold only in your catalogue, and only as a set. You state that the tops and bottoms of styles 015-0232 and 015-0233 will be imported in equal quantities of matching sizes and colors and will be sold only as sets in polybags, that they will carry the same style number and that they will not be sold separately. Although you have not submitted any advertising for these specific garments, you did submit a page from a previous catalogue which you state is representative of they type of advertising these garments will receive.

The applicable subheading for styles 015-0232 and 015-0233 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 9 percent ad valorem.

Styles 015-0232 and 015-0233 fall within textile category designation 351. Based upon international textile trade agreements products of 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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