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NY M80440




March 15, 2006

CLA-2-62:RR:NC:TA:N3:356 M80440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Mr. Robert L. Eisen
Mr. Christopher Pey
Baker & McKenzie LLP
1114 Avenue of the Americas
New York, NY 10036

RE: The tariff classification of men’s sleep pants from China and Macau.

Dear Mr. Eisen and Mr. Pey:

In your letter dated February 14, 2006, you requested a tariff classification ruling on behalf of College Concepts, Inc. As requested, your samples will be returned.

Styles WMP and WGP are men’s sleep pants constructed from 100% cotton, woven flannel fabric. Both styles have a tunnel elastic waistband with an inside drawstring; a fly front opening with an insubstantial, single button closure; and hemmed legs.

The garments are displayed and sold on a plastic hanger with a large cardboard header that is securely swiftacked over the hanger. The cardboard header states, in large letters, “Team Sleep Pant” and shows the size of the garment. A hangtag on each garment also states “Sleepwear” in large letters. You state that the garments are marketed, displayed and sold as sleepwear and that the garments will always be sold to the consumer with the cardboard header attached.

The applicable subheading for Styles WMP and WGP will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other: sleepwear. The rate of duty rate will be 6.1% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles WMP and WGP 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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