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NY 874066




May 18, 1992

CLA-2-61:S:N:N3H:354 874066

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037; 6108.21.0010; 6108.91.0005

Ms. Lisa Holland
Rogers & Brown Custom Brokers, Inc.
P.O. Box 19005
Charlotte, NC 28219-3064

RE: The tariff classification of cotton underwear from Hong Kong.

Dear Ms. Holland:

In your letter dated April 29, 1992, on behalf of Heckler Manufacturing you requested a classification ruling. All of the samples are constructed from 95% cotton 5% spandex knit fabric.

You have submitted five samples. Sample 1 a crop-top, features a 1 1/2" wide elasticized banded bottom with the words Calvin Klein intermittently spaced. Two, one inch wide elasticized back straps extend from the top of the shoulder and cross each other.

Sample 2, also a crop-top, features a 1 1/2" wide elasticized banded bottom with the words Calvin Klein intermittently spaced and a T-style back.

Sample 3, a panty features a 1 1/2" wide elasticized waistband with the words Calvin Klein intermittently spaced and hi-cut elasticized legs.

Sample 4, a short style underpant, features a 1 1/2" wide elasticized waistband with the words Calvin Klein intermittently spaced and mid-thigh legs.

Sample 5, an underwear bottom, features a 1 1/2" wide elasticized waistband with the words Calvin Klein intermittently spaced and hemmed legs that reach mid-calf.

The applicable subheading for samples 1 and 2 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

The applicable subheading for samples 3 will be 6108.21.0010, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties,... and similar articles, knitted or crocheted: briefs and panties: of cotton, women's. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for samples 4 and 5 will be 6108.91.0005, HTS, which provides for women's or girls' slips, petticoats, briefs, panties,... and similar articles knitted or crocheted: other: of cotton, underwear: underpants. The duty rate will be 9 percent ad valorem.

All styles fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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