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NY J82241




March 14, 2003

CLA-2-62:RR:NC:WA:355 J82241

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Ms. Jill Simmons
International Trade Consultants, Inc.
9551 William Aiken Road
Ladson, SC 29456

RE: The tariff classification of men’s lounge pants from Thailand

Dear Ms. Simmons:

In your letter received in this office March 12, 2003, you requested a classification ruling.

You submitted a sample of men’s flannel pants which you call sleep pants. No style number was submitted. The pant is made of 100 percent woven cotton. The garment features a one-button fly, two side seam pockets and an elasticized waistband with a tunneled drawcord. The tag on the garment from the manufacturer indicates this garment is a “sample for styling only, not for fitting”. The garment was submitted in a size “large”. Your sample will be returned as you have requested.

In your letter you state that the subject garments will be marketed and sold to the general public in the underwear/pajama department and that the print advertising will feature the subject articles with the underwear and robes. No hard copy of any advertising was submitted. You stated that you believed classification as sleepwear was appropriate. The subject garment shares many features common to garments which are considered loungewear and which are classifiable under the HTS heading 6203. The construction of the fly, with a button for closure, ensures modesty and thus makes this garment suitable for wear for informal occasions in or about the house. The pockets are a feature indicative of a multi-purpose garment and not of a garment that is intended to be used solely for sleeping.

The applicable subheading for the pants will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, other. The duty rate will be 16.7 percent ad valorem.

The pants fall within textile category designation 347. Based upon international textile trade agreements products of Thailand 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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