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NY M84843





August 09, 2006

CLA-2-62:RR:NC:TA:N3:356 M84843

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.92.4010

Ms. Sharon A. Watson
Bob Barker Co., Inc.
134 N. Main Street
Fuquay-Varina, NC 27526

RE: The tariff classification of men’s sleepwear from Pakistan.

Dear Ms. Watson:

In your letter dated July 3, 2006, you requested a tariff classification ruling. As requested, your samples will be returned.

The submitted samples are sleepwear separates that will be imported and sold in bulk, 24 pieces to a master carton, to be purchased and used in jails and correctional institutions. The garments will not be sold at retail. The tops and the bottoms are each sold in only two sizes, S - L and XL – 2XL. They are intended as unisex wear, but appear to be made to men’s size specifications.

Style PJT, in size S - L, is a men’s sleep top constructed from 65% polyester, 35% cotton, woven fabric. The garment features a low round neckline with bias edging at the neckline, a left-over-right full front opening with four snap closures, three-quarter length, hemmed raglan sleeves, and a hemmed bottom. The same garment will also be imported in size XL - 2XL in black as Style PJTX and in size XL – 2XL in blue as Style JPJT-CBLUE.

Style PJB, in size S - L, is a pair of men’s sleep pants constructed from 65% polyester, 35% cotton, woven fabric. The garment has an elasticized waistband, an open fly without a closure, and hemmed legs. The same garment will also be imported in size XL - 2XL as Style PJBX.

The applicable subheading for Styles PJT, PJTX, JPJT-CBLUE, PJB, and PJBX will be 6207.92.4010, 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: other: of man-made fibers: other: sleepwear. The rate of duty rate will be 10.5% 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 PJT, PJTX, JPJT-CBLUE, PJB, and PJBX fall within textile category designation 651. 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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