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NY J82008




March 14, 2003

CLA-2-62:RR:NC:WA:355 J82008

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz, Silverman and Klestadt, LLP 707 Wilshire Blvd., Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of men’s sleep pants from China, Indonesia or Malaysia

Dear Mr. Powell:

In your letter dated March 11, 2003, you requested a classification ruling on behalf of Pacific Garment Manufacturing Group Limited.

Samples of two sleep pants were submitted, identified as style SP-2010 and SP-2011. They are made of 100 percent woven cotton flannel fabric. SP-2010 features an elasticized waistband with a drawcord, a front fly with no closure, hemmed leg bottoms and two side seam pockets. Style SP-2-11 features an elasticized waistband with a drawcord, a front fly with no closure and hemmed leg bottoms. Style SP-2011 does not have pockets. The samples will be returned as you have requested.

The applicable subheading for styles SP-2010 and SP-2011 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 6.1 percent ad valorem.

Styles SP-2010 and SP-2011 falls within textile category designation 351. Based upon international textile trade agreements products of China, Malaysia and 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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