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NY I80079

April 16, 2002

CLA-2-61:RR:NC:TAB:354 I80079


TARIFF NO.: 6107.12.0020

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd., W.
Suite 308
Toronto, Ontario M8V 1A4

RE: The tariff classification of boys’ apparel from Hong Kong

Dear Ms. Fust:

In your letter dated March 28, 2002, you requested a classification ruling. The provided sample will be returned as per your request.

The submitted sample, style 041102, is a boys’ long leg underpant with a pouch designed to hold a protective cup which is secured by hook and loop fasteners. The garment is constructed of 96% polyester 4% spandex knitted fabric. Features include an exposed elasticized waistband which measures approximately 2 inches wide with a “JOCK-PLUS” logo printed at equal intervals on the outer surface, hook and loop fastener sock holders, an embroidered patch sewn on the left front lower leg and a hemmed bottom. The garment shows design for use by hockey players.

The applicable subheading for the garment will be 6107.12.0020, 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, knitted or crocheted: underpants and briefs: of man-made fibers . . . boy’s. The duty rate will be 15.1 percent ad valorem.

The garment falls within textile category designation 652. Based upon international textile trade agreements products of Hong Kong 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 646-733-3054.


Robert B. Swierupski

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