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NY J85483




July 3, 2003

CLA-2-61:RR:NC:TA:N3:356 J85483

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0010; 6207.91.3010

Mr. Ranjit Khanna
USF Collections, Inc.
Meadows Office Complex
301 Route 17 North
Rutherford, NJ 07070

RE: The tariff classification of men’s knit pajamas and woven sleep shorts from Nepal.

Dear Mr. Khanna:

In your letter dated May 29, 2003, you requested a tariff classification ruling.

Style P3E136 consists of a pair of men’s knit pajamas and a coordinating pair of men’s woven sleep shorts. The pajamas and shorts are folded and wrapped together and are sold as a gift set. You state that the garments will be sold only as a set and will not be sold as separates.

The pajamas are constructed from 100 percent cotton, finely knit jersey fabric. The pajama top has V-neckline; a loose fitting body; a woven fabric half-moon at the rear neckline; short, hemmed sleeves; and a straight, hemmed bottom. The pajama bottom has a tunnel elastic waistband with a woven fabric drawstring on the outside of the waistband; a functional, open unsecured fly; a patch pocket with an unsecured flap on the left leg; and hemmed legs.

The woven 100 percent cotton shorts have an elasticized waistband with an interior drawstring and a fly front with an unsecured opening which begins immediately under the waistband and measures in excess of seven inches in length. The shorts do not have pockets.

The applicable subheading for the knit pajamas of Style P3E146 will be 6107.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys’ ... pajamas, knitted or crocheted: of cotton: men’s. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the woven shorts of Style P3E146 will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’, nightshirts, pajamas, bathrobes and similar articles: other: of cotton: other: sleepwear. The rate of duty will be 6.1 percent ad valorem.

The knit pajamas of Style P3E146 fall within textile category designation 351. The woven shorts of Style P3E146 fall within textile category designation 351. Based upon international textile trade agreements, products of Nepal are subject to visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director,
National Commodity Specialist Division


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