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NY I86337




October 2, 2002

CLA-2-61:RR:NC:WA:355 I86337

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030; 6207.91.3010; 6207.92.4010

Mr. William J. Maloney
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of men’s sleep pants from El Salvador

Dear Mr. Maloney:

In your letter dated September 23, 2002, you requested a classification ruling on behalf of Wilk Shirt Corporation.

Three samples of men’s sleep pants were submitted and will be returned as you have requested.

Style K2000 is made of 100 percent cotton jersey knit fabric. Style G2001 is made of 100 percent cotton woven fabric. Style GE1209/B is made of 100 percent polyester woven fabric. All three styles of garments feature a covered elasticized waistband with an interior drawstring, two side seam pockets, hemmed pant legs and an open unsecured fly.

The applicable subheading for style K2000 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted, other, of cotton, sleepwear. The duty rate will be 8.8 percent ad valorem.

The applicable subheading for style G2001 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.

The applicable subheading for style GE1209/B will be 6207.92.4010, HTS, which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, other, of man-made fibers, other, sleepwear. The duty rate will be 10.6 percent ad valorem.

Styles K2000 and G2001 fall within textile category designation 351. Style GE1209/B falls within textile category designation 651. Based upon international textile trade agreements products of El Salvador 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 R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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