The tariff classification of men’s woven garments from India

NY J88425 September 25, 2003 CLA-2-62:RR:NC:WA:355 J88425 CATEGORY: Classification TARIFF NO.: 6203.42.4015; 6207.91.1000 Ms. Mary Reynics Tommy Hilfiger U.S.A., Inc. 35 Henry Street Secaucus, NJ 07094 RE: The tariff classification of men’s woven garments from India Dear Ms. Reynic: In your letter dated September 8, 2003, you requested a classification ruling. You submitted two garments which will be returned. Neither garment was identified by a style number. The first garment is a kimono-style robe. The tag on the garment indicates it is made of 100% cotton woven fabric. The mid-calf length robe features a full front opening secured by a self-fabric tie belt, long hemmed sleeves, two front patch pockets and a hemmed bottom. The second garment is a pair of men’s pants. Made of the same fabric as the robe, the garment features a tunneled elasticized waistband through which a self-fabric drawcord is threaded, a one-button fly, and hemmed leg openings. You state that these garments will be sold as separate items and that they are intended to be displayed in sleepwear sections of retail stores and marketed and sold as sleepwear. Nothing was submitted to substantiate this statement. The applicable subheading for the pants will be 6203.42.4015, 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, trousers and breeches, men’s, other. The duty rate will be 16.7% ad valorem. The applicable subheading for the robe will be 6207.91.1000, HTS, which provides for men’s or boys’ singlets…nightshirts, pajamas, bathrobes, dressing gowns and similar articles, other, of cotton, bathrobes, dressing gowns and similar articles. The duty rate will be 8.5% ad valorem. The pants fall within textile category designation 347. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. The robe falls within textile category designation 350. Based upon international textile trade agreements products of India are not subject to quota and do not require 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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