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NY I88836




December 4, 2002

CLA-2-62:RR:NC:WA:355 I88836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Alice Liu
ATICO International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Ms. Liu:

In your letter dated November 21, 2002, you requested a classification ruling.

You submitted a sample of men’s sleep pants which you identified as style C62A0520. The pants are made of 100 percent cotton woven fabric. The pants feature an elasticized waistband with a drawcord, long hemmed pant legs and a fly which is sewn shut for approximately one inch from the bottom of the waistband, leaving an opening measuring approximately 4.5 inches long. The garment does not feature pockets. The sample will be returned as you have requested.

The applicable subheading for style C62A0520 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. In 2003 the duty rate will be 6.1 percent ad valorem.

Style C62A0520 falls 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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