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NY C86947

April 27, 1998

CLA-2-61:RR:NC:TA:354 C86947


TARIFF NO.: 6107.12.0010; 6108.22.9020; 6212.10.9020

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
Centennial Park
P.O. Box 6046
Peabody, Massachusetts 01961

RE: The tariff classification of garments from Thailand, Hong Kong or China.

Dear Mr. Danforth:

In your letter dated April 17, 1998, you requested a classification ruling. The provided samples will be returned as per your request.

Three samples were provided for review. Style 42201 is a men's brief constructed of knitted 46% nylon 46% polyester 8% spandex fabric. The brief features a three panel front, a one inch wide elasticized waistband, elasticized leg openings and "HIND Drylette" printed at the left side hip bone area. Style 42200 with a sewn in crotch panel is the women's version of style 42201.

Style 27010 is a women's T-back sports bra constructed of a 88% nylon 12% spandex knitted fabric. The bra features a heavy elastic band sewn in the bottom hem, an elasticized scooped neckline and arm holes, and "HIND Drylette" printed on a vinyl label which is sewn at the middle of the T-back.

The applicable subheading for style 42201 will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: underpants and briefs: of man-made fibers . . . men's. The duty rate will be 15.6 percent ad valorem.

The applicable tariff provision for style 42200 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style 27010 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 17.6 percent ad valorem.

Styles 42201 and 42200 fall within textile category designation 652, while style 27010 falls within textile category designation 649. Based upon international textile trade agreements products of Thailand, Hong Kong and China are subject to quota and the requirement of a visa.

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. 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 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 Brian Burtnik at 212-466-5880.


Robert B. Swierupski

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