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NY K84632




April 28, 2004
CLA-2-61:RR:NC:TA:N3:356 K84632

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.21.0010

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

RE: The tariff classification of men’s knit pajamas from China, Hong Kong, Singapore and Thailand.

Dear Mr. Eisen and Mr. Pey:

In your letter dated March 29, 2004, you requested a tariff classification ruling on behalf of Esportia International. As requested, your sample will be returned.

Style 525/529 consists of a men’s pullover top and a pair of pants that are constructed from 100 percent cotton, finely knit waffle fabric. The top features a rib knit Henley neckline; a partial front opening with three button closures; long sleeves with rib knit cuffs; and a straight, hemmed bottom. The pants feature an elastic waistband with an outside drawstring; a one button fly; side seam pockets; and relaxed, rib knit cuffs at the ankles.

You state that Style 525/529 will be imported and sold at retail in a clear, sealed acetate box. The acetate boxes are securely closed and are not designed to be opened until after purchase by the ultimate consumer. There is a cardboard band visible through the acetate box that identifies the contents of the box in large letters as a “Men’s Sleepwear Set”. The front band further identifies the contents as a “Brushed knit top and brushed knit sleep pants”. The rear band identifies the garments in large letters as a “Men’s Sleepwear Set” and provides a sketch of the garments, the care instructions, and waist measurements by size.

The applicable subheading for the boxed sleepwear set 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 8.9 percent ad valorem.

The boxed sleepwear set, Style 525/529, falls within textile category designation 351. Based upon international textile trade agreements, products of China, Hong Kong, and Thailand are subject to visa requirements and quota restraints. Products of Singapore 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,

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