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NY F88149

July 5, 2000

CLA-2-61:RR:NC:TA:354 F88149


TARIFF NO.: 6107.12.0010; 6109.90.1047

Mr. John A. Ellefson
Blue Star Imports, L.P.
150 Thorn Hill Road
Warrendale, Pennsylvania 15086

RE: The tariff classification of men’s garments from Egypt.

Dear Mr. Ellefson:

In your letter dated May 10, 2000, you requested a classification ruling on behalf of American Eagle Outfitters, Inc. The provided samples will be returned as per your request.

Two garments constructed of the same thermal 100% polyester knitted fabric were provided for review. Style 1800 is a long sleeve crew neck undershirt featuring capping at the neckline and a hemmed garment bottom and sleeve openings.

Style 1850 is a long underpant featuring an exposed elasticized waistband which measures approximately 1-1/2 inches wide with “AE77 Performance” embroidered at equal intervals on the outer surface, a fly front and hemmed ankle cuffs.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for Style 1800 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 15.3 percent ad valorem.

The applicable subheading for 1850 will be 6109.90.1047, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers . . . men's or boys': thermal undershirts. The duty rate will be 32.8 percent ad valorem.

Both styles fall within textile category designation 652. Based upon international textile trade agreements products of Egypt are currently subject to 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 Brian Burtnik at 212-637-7083.


Robert B. Swierupski

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