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NY N015014




August 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

Mr. Alan Haddad
Garmentex International
330 Hurst Street
Linden, NJ 07036

RE: The tariff classification of men’s knit and woven pajamas from China.

Dear Mr. Haddad:

In your letter dated July 22, 2007, you requested a tariff classification ruling. Your sample is being returned as requested.

Style 9004TB is a pair of men’s pajamas consisting of a knit Henley-style top and a pair of woven pants. The pajama top is constructed from 100% cotton, waffle knit fabric that measures 19 stitches per two centimeters counted in the horizontal direction. The top has a rib knit Henley neckline; a partial front opening with a two button closure; long sleeves with rib knit cuffs; and a straight, hemmed bottom. The pants are constructed from 100% cotton, woven flannel fabric with two or more colors in the warp and/or the filling. The pants have a tunnel elastic waistband with an outside drawstring; a fly front opening with a single button closure; side seam pockets; and hemmed legs.

The pajamas will be packaged as a two-piece sleep set. Both garments will be folded and placed in a sealed, clear, heavy weight vinyl bag with a rear flap and two plastic snap closures. The bag has an attached plastic hanger enabling it to be hung for retail sale. There is a folded cardboard insert inside the sealed vinyl bag. The front of the insert has a picture of the sleep set and the words “2 Pc. Flannel Sleep Set” in large, conspicuous letters. The same wording appears on the back of the vinyl bag. The sealed, vinyl bag cannot be opened by the consumer until after purchase.

Following General Rule of Interpretation 3(c), the applicable subheading for Style 9004TB, when imported and sold in the sealed vinyl bag, is 6207.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men's or boys’pajamas: of cotton: with two or more colors in the warp and/or the filling: men’s. The rate of duty is 8.9% ad valorem.

Style 9004TB falls within textile category designation 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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
Director,
National Commodity

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