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NY K83986





March 23, 2004
CLA-2-62:RR:NC:WA:355 K83986

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Ms. Patty Kittel
Target Customs Brokers, Inc.
1000 Nicollet Mall TPN-0430
Minneapolis, MN 55403

RE: The tariff classification of men’s sleepwear sets from Swaziland

Dear Ms. Kittel:

In your letter dated March 15, 2004, you requested a classification ruling.

You submitted two samples of men’s sleepwear sets identified as styles 99486 and 99487. Your samples will be returned as you have requested.

Style 99486 features a man’s short made of 100% cotton woven flannel fabric. The fabric is yarn dyed and is woven in a plaid design. The short features an elasticized waistband with a drawtape and a one-button front fly. The set also contains a man’s jersey knit top featuring short sleeves and a crew neck. The top is a solid color, which coordinates with the woven shorts.

Style 99487 features a man’s pant made of 100% cotton woven flannel fabric. The fabric is yarn dyed and is woven in a plaid design. The pant features an elasticized waistband with a drawtape and a one-button front fly. The set also contains a man’s jersey knit top featuring short sleeves and a crew neck. The top is a solid color, which coordinates with the woven shorts.

In your letter you state that these sets will be sold in a durable polypropylene see-through bag. The bag has a small hook suitable for hanging, snaps to keep the bag shut and contains an advertising card, which depicts the set being worn on a male model. Print on this advertising card states “sleep tee and short” or “sleep tee and pant”.

The applicable subheading for styles 99486 and 99487 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ 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.

Styles 99486 and 99487 fall within textile category designation 351. Based upon international textile trade agreements products of Swaziland 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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