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NY L81136




December 29, 2004

CLA-2-61:RR:NC:TA:N3:356 L81136

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020

Ms. Sheri G. Lawson
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of men’s knit lounge pants from Canada.

Dear Ms. Lawson:

In your letter dated December 1, 2004, you requested a tariff classification ruling on behalf of Calhoun Sportswear. As requested, your sample will be returned.

Style CPBMB is a pair of men’s lounge pants constructed from 100 percent cotton, finely knit jersey fabric with an all over print design. The pants feature an elastic waistband; side seam pockets; and hemmed leg openings.

Although you state that you believe Style CPBMB is classifiable as sleepwear, this garment is a multi-use garment designed for wear in a variety of situations in and around the home. As such, Style CPBMB is not classified in HTS 6107.91.0030, which is limited to garments that are designed for wear solely to bed for sleeping.

Consequently, the applicable subheading for Style CPBMB will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts, knitted or crocheted: of cotton: trousers men’s. The rate of duty is 16.1 percent ad valorem.

Style CPBMB falls within textile category designation 347. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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,
National Commodity

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