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NY N016561




September 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.49.1020

Mr. John Nagel
Mr. Cliff Venable
Hanesbrands, Inc. OS3D
1000 East Hanes Mill Road
Winston-Salem, NC 27105

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

Dear Mr. Nagel and Mr. Venable:

In your letter dated August 28, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style R784 is a pair of men’s pull on pants constructed from 93% rayon, 7% spandex, jersey knit fabric. Style R784 features a tunnel elastic waistband with an outside drawstring; side seam pockets; an embroidered logo on the upper portion of left leg near the waistband; and hemmed leg openings.

In your correspondence you refer to Style R784 as sleepwear and state that the garment will be sold in the sleepwear section of department stores as part of coordinating separates. Garments of this style and construction, however, are considered multi-use lounge wear garments that may be worn in a variety of informal situations in and around the home. As such, these garments are not classified as sleepwear, which is limited to garments that are designed for wear only to bed for sleeping.

The applicable subheading for Style R784 will be 6103.49.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of artificial fibers: other: trousers and breeches. The rate of duty is 28.2% ad valorem.

Style R784 falls within textile category designation 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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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