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NY N023207




February 27, 2008

CLA-2-61:OT:RR:NC:WA:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.91.0030; 6107.99.1030; 6207.91.3010

Mr. Lance L. Laird
Walgreen Co.
304 Wilmont Road
Deerfield, IL 60015

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

Dear Mr. Laird:

In your letter dated January 17, 2008, you requested a tariff classification ruling. Your samples are being retained for our files.

Style 546392 is a men’s sleep pant constructed from 100 percent cotton, yarn dyed woven fabric. Style 546392 has a covered elastic waistband with an outside drawstring, an open unsecured fly with no means of closure, side seam pockets, and hemmed legs.

Style 546451 is a men’s sleep pant constructed from 100% cotton, jersey knit fabric. Style 546451 has a covered elastic waistband with an outside drawstring, an open unsecured fly with no means of closure, side seam pockets, and hemmed legs.

Style 546388 is a men’s sleep pant constructed from 100% polyester, micro fleece fabric. Style 546388 has a covered elastic waistband with an outside drawstring, an open unsecured fly with no means of closure, side seam pockets, and hemmed legs.

The applicable subheading for Style 546392 will be 6207.91.3010, 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: of cotton: other sleepwear. The rate of duty rate is 6.1% ad valorem.

The applicable subheading for Style 546451 will be 6107.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton: sleepwear. The rate of duty rate is 8.7% ad valorem.

The applicable subheading for Style 546388 will be 6107.99.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers: sleepwear. The rate of duty rate is 14.9% 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 546392 and 546451 fall within textile category designation 351. Style 546388 falls within textile category designation 651. 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,

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