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NY 842628




July 20, 1989

CLA-2-61:S:N:N3-I:356 842628

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6103.43.1520; 6107.12.0010

Mr. Lawrence D. Blume
Graham & James
2000 M Street, N.W.
Suite 700
Washington, D.C. 20036

RE: The tariff classification of men's wearing apparel from Thailand, Indonesia and Taiwan.

Dear Mr. Blume:

In your letter dated June 12, 1989, on behalf of Union Jacks, a division of Gelhaar Uniform Co., you requested a tariff classification ruling on a pair of baseball pants and a pair of padded baseball sliding pants. Both garments are made in boys' and men's sizes.

Style No. 920 is a pair of men's baseball trousers constructed from a 100 percent polyester, finely knit fabric. The lower portion of the front of each leg is of two-ply construction, with an inside layer of fabric extending from the knee to the elasticized leg opening. The garment has three-quarter length legs, a fully elasticized waistband, a zipper fly with two metal snaps above, three tunnel belt loops and a patch pocket in back on the left side.

Style No. 940 is a pair of men's baseball sliding pants constructed from a 65 percent polyester, 35 percent cotton, finely knit fabric. The garment is worn as underwear, under outer pants, such as the garment described above. These sliding pants cover the body from the waist to the upper thigh. Sewn to the inside of the garment are two foam rectangular pads. Each pad covers the hip and the outer portion of the upper thigh. The pads extend from the fully elasticized waistband to approximately two and one half inches above the hemmed leg openings and from the midpoint in the front of the thigh, around the hip and the outside of the thigh to the midpoint in back of the thigh.

The applicable subheading for Style No. 920 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: trousers and breeches: men's. The duty rate will be 30 percent ad valorem. Style No. 940 is considered underwear for tariff purposes. Consequently, the applicable subheading for this garment will be 6107.12.0010, HTS, which provides for: men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes dressing gowns and similar articles, knitted or crocheted: underpants and briefs: of man-made fibers: men's. The duty rate will be 16 percent ad valorem.

Style No. 920 falls within textile category designation 647. Style No. 940 falls within textile category designation 652. Based upon international textile trade agreements, products of Thailand are subject to visa requirements; products of Indonesia are subject to visa requirements and quota restraints; products of Taiwan are subject to visa requirements and quota restraints.

Due to the changeable nature of these agreements, you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 already been filed, 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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