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NY K89987

November 2, 2004

CLA-2-61:RR:NC:TA:354 K89987


TARIFF NO.: 6107.11.0010

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, North Carolina 27105

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

Dear Mr. Nagel:

In your letter dated October 12, 2004, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 9HPDAS is a men’s navy colored boxer brief made with a center v-shaped panel at the front and back, and a gusset constructed of a 100% cotton ribbed knit fabric. The side panels are made of a 100% cotton jersey fabric. Style 9HPDAS will also be available in a grey heather colored 90% cotton 10% polyester version. The garment body is joined with overlock stitching. The size medium sample is 12-1/2 inches in length with a 2-1/2 inch inseam. Additional features include a fabric covered elasticized waistband measuring approximately 1-1/4 inches wide, a two-button fly front, hemmed leg openings, and a “Hanes Premium” label at the center of the front waistband. A white colored 100% cotton version will be available as style 9HPDWH.

The applicable subheading for all styles 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.

All styles fall within textile category designation 352. Based upon international textile trade agreements products of Colombia within textile category designation 352 are 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 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 Deborah Marinucci at 646-733-3054.


Robert B. Swierupski

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