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NY K83270





February 20, 2004
CLA-2-62:RR:NC:WA:355 K83270

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.1000; 6207.91.3010

Mr. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of men’s sleepwear and robes from Hong Kong

Dear Mr. Young:

In your letter dated February 16, 2004, you requested a classification ruling on behalf of Meijer Distribution.

You submitted three samples with your request which will be returned as you have requested. All of the garments are made of 100% woven cotton fabric. They consist of a robe, sleep shorts and sleep pants.

Item 339966, men’s sleep shorts, feature a covered elasticized waistband with a self fabric draw tape, an unsecured fly (has no means of closure), two side seam pockets, one back pocket and hemmed leg openings. The hem of the back pocket opening is accentuated with a contrasting colored piping.

Item 339892, men’s sleep pants, feature a covered elasticized waistband with a self fabric draw tape, an unsecured fly (has no means of closure), two side slash pockets, one back pocket and hemmed leg openings. The side pockets and the back pocket are accentuated at their openings with a contrasting colored piping.

Item 339967, a men’s calf length robe, features a full frontal opening, a shawl collar, two front patch pockets, and a self-fabric tie at the waist. The entire front opening of the robe, including the shawl collar is edged in contrasting colored piping.

The applicable subheading for item 339967, the men’s robe, will be 6207.91.1000, 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: Bathrobes, dressing gowns and similar articles. The duty rate will be 8.4% ad valorem.

The applicable subheading for item 339966, men’s sleep short, and item 339892, men’s sleep pant, will be 6207.91.3010, 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% ad valorem.

Item 339967 falls within textile category designation 350. Based upon international textile trade agreements products of Hong Kong are not subject to quota and do not require a visa.

Items 339966 and 339892 fall within textile category designation 351. Based upon international textile trade agreements products of Hong Kong 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 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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