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NY G82840

October 25, 2000

CLA-2-61:RR:NC:TA:354 G82840


TARIFF NO.: 6107.12.0010; 6108.22.1000

Ms. Kathy Zimmer
Quality Customs Broker, Inc.
4464 South Whitnall Avenue
St. Francis, Wisconsin 53235

RE: The tariff classification of disposable underwear from India.

Dear Ms. Zimmer:

In your letter dated October 4, 2000, you requested a tariff classification ruling on behalf of Shoney Scientific, Inc.

Two samples of disposable underwear used by patients during photography, examination and surgery were used for review. Style B7400/size small is a ladies’ knitted man-made fabric thong styled bikini panty with no gusset. The panty features an elasticized fabric waistband and high cut leg openings. Additional style numbers include: B7420/size medium, B7440/size large, and B7480/mixed sizes.

Style B9420/size medium is a men’s bikini underwear with a fitted front and partial front lining. The underwear features an elasticized fabric waistband and high cut leg openings. Additional style numbers include: B9440/size large and B9480/mixed sizes.

You inquired about the classification and quota status of new styles. Please note that we require actual samples of wearing apparel items. Therefore, as new styles are made available we suggest you submit a ruling request for applicable tariff classifications and quota/visa requirements.

The applicable subheading for styles B7400, B7420, B7440 and B7480 will be 6108.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of man-made fibers: disposable briefs and panties designed for one-time use. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for styles B9420, B9440 and B9480 will be 6107.12.0010, 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.

Styles B9420, B9440 and B9480 fall within textile category designation 652. Based upon international textile trade agreements products of India within textile category designation 652 are subject to quota and 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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