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NY I81020

May 10, 2002

CLA-2-61:RR:NC:TAB:354 I81020


TARIFF NO.: 6107.11.0010; 6109.10.0009

Mr. Ralf Shaalo
The Merchandise Textiles Co.
442 Avenue U
Brooklyn, NY 1123

RE: The tariff classification of men’s thermal underwear from Pakistan

Dear Mr. Shaalo:

In your letter dated April 30, 2002, on behalf of Ten West Apparel, Inc. you requested a classification ruling.

Style 99212 is a man's 60% cotton 40% polyester waffle knit undershirt. The shirt features a crew neck, long sleeves with rib-knit cuffs and an overlock stitched tailed bottom. Style 99213 is a pair of men's 60% cotton 40% polyester waffle knit long underpants. The underpants will feature a covered elastic waistband, a fly front and rib-knit cuffs on the legs. The two styles compose a two piece set. The same bottoms when not sold as part of a set are designated as Style 99214.

The applicable subheading for style 99212 will be 6109.10.0009, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men's or boys': underwear: other. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for styles 99213 & 99214 will be 6107.11.0010, HTS, which provides for men's or boys' underpants ... knitted or crocheted: of cotton, men's. The rate of duty will be 7.5 percent ad valorem.

The garments fall within textile category designation 352. Based upon international textile trade agreements products of Pakistan 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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