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NY M82745




May 23, 2006

CLA-2-62:RR:NC:TA:N3:356 M82745

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Ms. Una Gauthier
CVS Onsite Import Client Liaison / Barthco International, Inc. CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

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

Dear Ms. Gauthier:

In your letter dated April 25, 2006, you requested a tariff classification ruling on behalf of CVS Pharmacy. As requested, your sample will be returned.

Item 365899 is a pair of men’s lounge pants constructed from 100% cotton, woven flannel fabric. The pants have a tunnel elastic waistband with an outside drawstring, a fly front opening with a single button closure, and hemmed legs.

Although you refer to Item 365899 as sleep pants, garments of this style are considered to be multi-use garments. The presence of the button on the fly provides sufficient closure for wear in a variety of situations in and around the home. As such, the garment is not classified in heading 6207, HTSUS, which is limited to garments that are designed for wear only to bed for sleeping.

Consequently, the applicable subheading for Item 365899 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTSUS), 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% 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/.

Item 365899 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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