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NY L81721




February 7, 2005

CLA-2-62:RR:NC:TA:N3:356 L81721

CATEGORY: CLASSIFICATION

TARIFF NO: 6207.91.3010

Mr. Lawrence R. Pilon
Hodes Keating & Pilon
Attorneys At Law
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of men’s woven pajama pants from Taiwan.

Dear Mr. Pilon:

In your letter dated January 7, 2005, you requested a tariff classification ruling on behalf of Medline Industries, Inc. As requested, your sample will be returned.

The submitted garment, Model No. MDT011069L, is a pair of men’s pajama pants constructed from 55 percent cotton, 45 percent polyester woven fabric. The pajama pants are designed for use by male patients in hospitals, nursing homes, and medical clinics. The pants have a non-elasticized drawstring waist; an open, unsecured fly that closes left over right; and straight, hemmed legs. You state that the same garment will also be imported in different prints or colors as Model Nos. MDT011086, MDT011088, and MDT011089. Alphabetic suffixes to the model numbers represent the garment size.

The applicable subheading for the four pajama pant models 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 rate of duty rate is 6.1 percent ad valorem.

The pajama pants fall within textile category designation 351. 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

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