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NY K81712




January 26, 2004
CLA-2-62:RR:NC:WA:355 K81712

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Mr. Robert L. Eisen
Coudert Brothers LLP
1114 Avenue of the Americas
New York, NY 10036-7703

RE: The tariff classification of a man’s knit and woven sleepwear set from China, Hong Kong or Singapore

Dear Mr. Eisen:

In your letter dated January 8, 2004, you requested a classification ruling on behalf of Esportia International.

You submitted samples of two garments which are packaged together in an acetate box and sold as sleepwear. The sample was identified as style 525/529H. The garments consist of a man’s knit top and woven bottom.

The Henley style top is knit, long sleeved with ribknit cuffs; a hemmed bottom; and a three-button opening at the neckline. The top is made of a blend of cotton and polyester fiber, the cotton content varying between 60 to 76 percent, dependent upon the colorway of the top. The submitted sample is solid gray in color. The pants, made of 100 percent cotton, regardless of colorway, feature a covered elasticized waistband with a drawtape; side seam pockets; a front fly secured with one button; and hemmed leg openings. The sample pants are a black and gray plaid design. The garments were submitted packed together in an acetate box which has the legend “Men’s Sleepwear Set” appearing in large lettering on both the front and back of the box. You state that this merchandise is intended for sale in stores such as Costco, BJ’s Wholesale Club and Sam’s Club. In your submission you state that the boxes are securely closed and not designed to be opened until after purchase by the ultimate consumer.

The applicable subheading for the sleepwear set will be 6207.21.0010, 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: Nightshirts and pajamas: Of cotton: With two or more colors in the warp and/or the filling: Men’s. The duty rate will be 8.9 percent ad valorem.

The boxed sleepwear set falls within textile category designation 351. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa. Products of Singapore are not subject to quota and do not require 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 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 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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