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NY L85767





July 21, 2005

CLA-2-62:RR:NC:TA:N3 356 L85767

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of men’s woven lounge pants from Cambodia.

Dear Mr. Travis:

In your letter dated June 17, 2005, you requested a tariff classification ruling on behalf of Kellwood Company. As requested, your sample will be returned.

Style 4000 is a pair of men’s lounge pants constructed from 100 percent cotton, woven flannel fabric. The pants have a tunnel elastic waistband with an outside drawstring, a fly front opening with a single button closure, side seam pockets, and hemmed legs.

Although you state that Style 4000 will have a hangtag stating that the garment is sleepwear, garments of this style and construction are advertised and marketed as multi-use garments. The presence of the button on the fly provides sufficient closure for wear in and around the home. As such, they are not classified in heading 6207, which is limited to garments that are designed for wear solely to bed for sleeping.

The applicable subheading for Style 4000 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: trousers and breeches: men’s: other. The duty rate is 16.6 percent ad valorem.

Style 4000 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 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,

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