The tariff classification of lounge pants and shirt from India

NY G88087 March 13, 2001 CLA-2-62:RR:NC:WA:355 G88087 CATEGORY: Classification TARIFF NO.: 6203.42.4050; 6205.20.2050 Mr. Wayne Brownworth USF Worldwide, Inc. 138-01 Springfield Blvd. Jamaica, NY 11413 RE: The tariff classification of lounge pants and shirt from India Dear Mr. Brownworth: In your letter dated March 5, 2001, you requested a classification ruling on behalf of Sierra Fashions, Inc. Samples of a men’s shirt and lounge jams were submitted. You stated in various correspondence that these goods are destined for a retailer who is in the business of designing and selling sleepwear products and that the goods will be marketed as sleepwear. We had requested that the goods be submitted in the packaging as it will be sold in the store. You stated in a subsequent telephone conversation that although the goods are packaged together in a polybag as you submitted to this office, and that that is the way they are shipped to the store, your client cannot guarantee that the goods will be sold together that way. You stated that Sierra Fashion told you they have no control over how their customer will market these goods. The applicable subheading for style 8700/C, lounge jams, will be 6203.42.40505, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, shorts, men’s . The duty rate will be 16.9 percent ad valorem. The applicable subheading for style 8700/A, shirt, will be 6205.20.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts, of cotton, other, other, other, with two or more colors in the warp and/or the filling, other, men’s. The duty rate will be 20.1 percent ad valorem. Style 8700/C falls within textile category designation 347. Style 8700/A falls within textile category designation 340. Based upon international textile trade agreements products of India 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 Ferraro at 212-637-7082. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division