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NY L86433





August 5, 2005

CLA-2-62:RR:NC:TA:N3:356 L86433

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Ms. Barbara Fagan
Barthco International, Inc.
3801-D Beam Road
Charlotte, NC 28217

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

Dear Ms. Fagan:

In your letter dated July 14, 2005, you requested a tariff classification ruling on behalf of The World’s Global Source, LLC. As requested, your sample will be returned.

The submitted sample, Style MDT011069XL, is a pair of men’s pajama pants. You state that the pajama pants will be sold to hospitals for patient use. The pants are constructed from 55 percent cotton, 45 percent polyester, woven fabric and have a non-elasticized drawstring waist; an open, unsecured fly that closes left over right; and straight, hemmed legs. Although you identify the pants as a unisex garment, following Chapter 62, Note 8, the pajama pants are considered a men’s garment.

The applicable subheading for Style MDT011069XL 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.

Style MDT011069XL falls 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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