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NY M84817




August 02, 2006

CLA-2-61:RR:NC:TA:N3 356 M84817

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050

Mr. Carlos Maldonado
Norman Krieger, Inc.
921 W. Artesia Blvd.
Rancho Dominguez, CA 90220

RE: The tariff classification of men’s knit garments from China.

Dear Mr. Maldonado:

In your letter dated June 30, 2006, you requested a tariff classification ruling on behalf of Addiction Premium.

Style HDLP is a pair of men’s lounge pants constructed from 100% cotton, finely knit jersey fabric. The lounge pants have an all over screen print design and feature a tunnel elastic waistband with an inside drawstring, a concealed fly front opening with two button closures, side seam pockets, and hemmed legs.

Style JBBX is a pair of men’s shorts constructed from 100% cotton, finely knit jersey fabric. The shorts have an all over screen print design and feature a jacquard elastic waistband, a concealed fly front opening with a single button closure, and hemmed legs.

Although you refer to Styles HDLP and JBBX as sleepwear, garments of this style and construction are considered multi-use garments designed for wear in a variety of situations in and around the home. As such, they are not classified in heading 6107, HTSUS, which is limited to garments that are designed for wear only to bed for sleeping.

Consequently, the applicable subheading for Style HDLP will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches: men’s. The rate of duty is 16.1% ad valorem.

The applicable subheading for Style JBBX will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: shorts: men’s. The rate of duty is 16.1% 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 JHDLP and JBBX fall 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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