CLA-2-62:RR:NC:WA:355 H87632

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of men’s cotton pajamas from Bangladesh.

Dear Ms. Buckman:

In your letter dated February 5, 2002, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style number 73381 is a man’s 55% cotton and 45% polyester woven pajamas. The garment features a top with an open notched collar, piping around the collar and full frontal opening which is secured a four button closure, long cuffed sleeves with piping, a breast pocket and a hemmed bottom. The bottoms feature long hemmed pants legs, a fully elasticized waistband that breaks at the waist and is secured by two snap closures, a fly front that has a placketed covered one snap fly. There are no pockets on the bottom. The fabric of both top and bottom is a yarn dyed stripe. You state these are sold as a single unit.

Style number 72661 is a man’s 100% cotton flannel woven pajamas. The garment features a top with a collar and full frontal opening which is secured a five button closure, long cuffed sleeves with, a breast pocket and a hemmed bottom. The bottoms feature long hemmed pants legs, a fully elasticized waistband that breaks at the waist and is secured by two snap closures, a fly front that has a placketed covered one snap fly. There are no pockets on the bottom. The fabric of both top and bottom is printed. You state these are sold as a single unit. The applicable subheading for style 73381 will be 6207.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts and pajamas, of cotton, with two or more colors in the warp and/or the filling: men’s. The duty rate will be 9 percent ad valorem.

The applicable subheading for style 72661 will be 6207.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ nightshirts and pajamas, of cotton, other: men’s. The duty rate will be 9 percent ad valorem. Both styles fall within textile category designation 351. Based upon international textile trade agreements products of Bangladesh are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division