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NY L83739

April 28, 2005

CLA-2-61:RR:NC:TA:354 L83739


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 El Salvador.

Dear Mr. Nagel:

In your letter dated April 1, 2005, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 400B is a pair of men’s “Duofold” brand long thermal underpants constructed of a double knit fabric. The face is made of a 65% cotton 25% wool 10% nylon knitted fabric and the back is made of a 100% cotton knitted fabric. The garment features an exposed elastic waistband measuring approximately 1-1/4 inches wide, an open fly front, overlock stitching at the seams, and rib-knit cuffs on the legs. The double knit fabric is in chief weight of cotton fibers. Accordingly, Style 400B is classified as cotton fiber underpants provided for under 6107.11.0010, HTS.

You have inquired about the correct fiber content labeling for this garment. Please note The Federal Trade Commission enforces marking requirements regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

The applicable subheading for the garment 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 rate of duty will be 7.4 percent ad valorem.

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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