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NY I84914




August 9, 2002

CLA-2-62:RR:NC:WA:355 I84914

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Brett J. Meyer
Pryor Cashman Sherman & Flynn LLP
410 Park Avenue
New York, NY 10022-4441

RE: The tariff classification of pajama pants from Pakistan

Dear Mr. Meyer:

In your letter dated July 30, 2002, you requested a classification ruling on behalf of Raytex Fabrics, Inc.

A sample of the garment , (no style number), was submitted The garment is described as a pajama bottom. However, as there is no corresponding top for the garment, nor is there intended to be a top, although you use the term pajama bottom (indicating the presence of a top), the better term might be pajama pant. The garment is made of 52 percent cotton and 48 percent polyester woven fabric. The cut of the garment is simple in its construction. It consists of two panels of fabric, each forming the entire right and entire left sides to a pair of pants, joined in the middle. Merely turning over and hemming a tunnel through which a drawstring is threaded forms the waist. There is no elastic in the waist. There is a simple front fly, which breaks at the waist; it has no means of closure other than the drawstring at the waist. The long legs are hemmed. There are no pockets. The garment is made in sizes small through 6XL. The waist size of the small is 35 inches through 67 inches for the 6XL. The garment is generously cut for roominess and ease of putting on and taking off. In your letter and subsequent submissions you state that this garment is intended for institutional use and that the chief purchasers would be hospitals. It will be sold, wholesale only, over the Internet and through catalogs. The garments are sold bulk packed, one dozen to a polybag.

The applicable subheading for the pajama pant 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.

The pajama pants falls within textile category designation 351. Based upon international textile trade agreements products of Pakistan 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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