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NY I87617




November 6, 2002

CLA-2-62:RR:NC:WA:355 I87617

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Dana N. Mobley
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301

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

Dear Ms. Mobley:

In your letter dated October 25, 2002, you requested a classification ruling.

You submitted two samples of men’s sleep pants identified as style 505-4750. They are identical in construction and only differ in the color pattern of the 100 percent cotton woven fabric. The pants waistband is elasticized only through the back portion. The front of the waistband is flat and has a drawstring threaded through just the front portion, from the side seams to the front fly. The waistband breaks at the fly and is secured closed by means of a button. There is a second button on the fly to secure it, (the fly), closed. This button is set approximately a third of the way down on the eight-inch fly opening, which allows for a slight gapping of the fly. The garment does not have pockets. You samples will be returned as you have requested.

The applicable subheading for style 505-4750 will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ singlets and other undershirts, undergarments, 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 505-4750 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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