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NY J85973





August 6, 2003

CLA-2-61:RR:NC:TA:N3:356 J85973

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0010

Mr. Sam Landsman
Majestic International USA, Inc.
3700 Jean-Rivard Street
Montreal, Quebec H1Z 4K3
Canada

RE: The tariff classification of men’s knit pajamas from India.

Dear Mr. Landsman:

In your letter dated July 2, 2003, you requested a tariff classification ruling for three styles of men’s knit garments.

Styles 1199109, 1199110 and 1199111 consist of a pullover top and a pair of pants. Both garments are constructed from 100 percent cotton, finely knit jersey fabric. The top and the pants will be folded together and boxed, imported and sold at retail in a clear, sealed, acetate box. There is a cardboard band around the garments that is visible through the box. The front of the band reads “Joseph Abboud Sleepwear, 2 Piece Knit Sleepwear Set” in clear, large lettering, The back of the band shows a sketch of the contents of the box, the fiber content, and a size chart.

The top of Style 1199109 features a rib knit, crossover V neckline; long, hemmed sleeves; and a straight, hemmed bottom with side slits. The bottoms feature a tunnel elastic waistband with an outside drawstring; side seam pockets; and hemmed legs.

The top of Style 1199110 features a rib knit crew neckline; long, raglan, hemmed sleeves; and a straight, hemmed bottom. The bottoms feature a tunnel elastic waistband with an outside drawstring; side seam pockets; and hemmed legs.

The top of Style 1199111 features a partial front opening with a four button placket; long sleeves with self-fabric cuffs; and a straight hemmed bottom. The bottoms feature a tunnel elastic waistband with an outside drawstring; side seam pockets; and hemmed legs.

The applicable subheading for Styles 1199109, 1199110 and 1199111 will be 6107.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's knitted ...nightshirts and pajamas: of cotton. The rate of duty will be 9 percent ad valorem.

Styles 1199109, 1199110 and 1199111 fall within textile category designation 351. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restraints.

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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