United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2008 NY Rulings > NY N024843 - NY N024945 > NY N024872

Previous Ruling Next Ruling
NY N024872




April 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.49.2015; 6203.49.2045

Mr. Richard Castillo
Clear Freight Inc.
JFK International Airport, Building #75
North Hanger Road, Suite 210
Jamaica, NY 11430

RE: The tariff classification of men’s woven lounge pants and shorts from China

Dear Mr. Castillo:

In your letter dated March 13, 2008, you requested a tariff classification ruling on behalf of Intimo Inc. As requested, your samples will be returned.

Garment 51D097 is a pair of men’s lounge pants constructed from 70% rayon, 30% cotton woven fabric. The pants have a tunnel elastic waistband with an inside drawstring; a button at the waist; a concealed fly front opening with a single button closure; side seam pockets; and hemmed legs.

Garment 17D097 is a pair of men’s jam style shorts that are constructed from 70% rayon, 30% cotton woven fabric. The shorts fall to the knee and have a tunnel elastic waistband with an inside drawstring; a button at the waistband; a concealed fly front opening with a single button closure; side seam pockets; and hemmed legs.

Although you refer to these garments as sleepwear, garments of this type are considered to be multi-use garments. The button on the fly provides sufficient closure for wear in a variety of situations in and around the home. As such, they are not classified in heading 6207, HTSUS, which is limited to garments that are designed for wear only to bed for sleeping.

The applicable subheading for Garment 51D097 will be 6203.49.2015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’trousers, bib and brace overalls, breeches and shorts: of other textile fibers: of artificial fibers: other: other: trousers and breeches: men’s: other. The rate of duty is 27.9% ad valorem.

The applicable subheading for Garment 17D097 will be 6203.49.2045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’breeches or shorts; of other textile fibers: of artificial fibers: other: other: shorts: men’s. The rate of duty is 27.9% 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/.

Garment 51D097 and Garment 51D097 fall 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
National Commodity Specialist Division


Previous Ruling Next Ruling

See also: