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NY L80283




November 12, 2004

CLA-2-62:RR:NC:TA:N3:356 L80283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010; 6207.91.3010

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

RE: The tariff classification of a men’s pair of pajamas and a sleep pant from Indonesia

Dear Ms. Young:

This letter replaces NY K89052 that was issued to you on September 1, 2004. In that letter, the classification of the pair of pajamas was inadvertently omitted. The correct classifications for the pajamas and the matching sleep pants are shown below.

In a letter dated August 26, 2004, you requested a tariff classification ruling on behalf of Meijer Distribution. A sample was submitted and will be returned as you have requested.

The submitted sample, identified as Style 055MF4606, consists of three garments, a man’s knit tee shirt, a man’s woven boxer short and a man’s long legged pajama pant. The three garments are all packaged together in a see through polybag and are intended to be sold together at retail as a “Men’s 3 PC. Sleep Set”.

The tee shirt is made of 100% knit cotton fabric featuring a round crew neck, short hemmed sleeves and a straight hemmed bottom. The boxer styled shorts are made of 100% woven cotton flannel fabric that has two or more colors in the warp and/or filling. The shorts feature a covered elasticized waistband, an open fly, and a three-panel construction of the back of the shorts, to provide roominess in the seat. The pajama pants feature an elasticized tunneled waistband with a draw cord, an open fly and two side seam pockets. The pants are also made of 100% woven cotton flannel fabric. All three garments are color coordinated – the shirt is a solid green, the boxer shorts are a green and red check and the pants are a green red and gold stripe design.

The applicable subheading for the pajamas of Style 055MF4606 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ . . .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% ad valorem.

The applicable subheading for the sleep pants of Style 055MF4606 will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ . . . nightshirts, pajamas, bathrobes, dressing gowns and similar articles, other: of cotton: other: sleepwear. The duty rate will be 6.1% ad valorem.

The pajamas of Style 055MF4606 fall within textile category designation 351. The sleep pants of Style 055MF4606 also fall within textile category designation 351. Based upon international textile trade agreements, products of Indonesia 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director,
National Commodity Specialist Division


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