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NY L87916




October 25, 2005

CLA-2-61:RR:NC:TA:354 L87916

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Ms. Rhoda A. Salus
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The tariff classification of a men’s garment with a contemplated production in Jordan.

Dear Ms. Salus:

In your letter dated September 28, 2005, you requested a classification ruling on behalf of Russell Corporation. The provided sample will be returned as per your request.

Style DHF06-28 is a pair of men’s long underpants made of a 90% polyester 10% spandex finely knitted fabric. The underpants feature three panel construction consisting of a left side and a right side panel that extend from the waistband to the ankle length hemmed bottoms and a two ply gusset panel. Flatlock stitching joins the seams. The left and right side panels are seamed vertically down from the center of the waistband to the gusset panel, and the legs are seamed down the center of the inner leg area. The underpants feature a fabric covered elasticized waistband measuring approximately 1-1/2 inches wide and legs that taper to the ankles.

The applicable subheading for the garment will be 6107.12.0010, 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 man-made fibers . . . Men's. The rate of duty will be 14.9 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.

Sincerely,

Robert B. Swierupski
Director,

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