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NY K81747




January 23, 2004
CLA-2-61:RR:NC:TA:354 K81747

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0010

Ms. Dana N. Mobley
J. C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75031-0001

RE: The tariff classification of a men’s garment from Thailand.

Dear Ms. Mobley:

In your letter dated January 7, 2004, you requested a classification ruling. The submitted sample will be returned as per your request.

Style 0404 is a men’s boxer short constructed of a printed knitted cotton fabric. The boxer features a fabric covered elasticized waistband measuring approximately 1 inch wide, a one-button fly front, and a hemmed bottom.

The applicable subheading for style 0404 will be 6107.11.0010, 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, knitted or crocheted: underpants and briefs: of cotton . . . men’s. The duty rate will be 7.4 percent ad valorem.

Style 0404 falls within textile category designation 352. Based upon international textile trade agreements products of Thailand 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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