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NY M81354




April 12, 2006

CLA-2-61:RR:NC:TA:354 M81354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005

Mr. Ron Reuben
DHL Danzas Air & Ocean
4000 Redondo Beach Avenue, Suite 103
Redondo Beach, California 90278

RE: The tariff classification of women’s underpants from El Salvador.

Dear Mr. Reuben:

In your letter dated March 10, 2006, you requested a classification ruling on behalf of Youngone Corporation. The provided samples will be returned as per your request.

Four samples were submitted for review. Style 45410 is a pair of women’s long underpants constructed of a translucent finely knitted 100% polyester fabric. The garment features an exposed elasticized waistband measuring approximately 1-inch wide with “Patagonia” stitch printed in equal intervals on the outer surface, a crotch panel, side seams, tapered legs with hemmed bottoms, and center seams at the garment front and back.

Style 44900 is a pair of women’s long underpants constructed of a translucent finely knitted 100% polyester fabric. The garment features tapered legs and an exposed elasticized waistband measuring approximately 1-inch wide with “Patagonia” stitch printed in equal intervals on the outer surface. Flatlock stitching is found at the crotch panel, side seams, hemmed leg bottoms, and center seams at the garment front and back. Styles 44340 and 43515 are heavier weight fabric versions of style 44900. Style 43515 is constructed of a 92% polyester 8% spandex knitted fabric and has a waistband that is wider than the other styles measuring approximately 1-1/4-inches in width.

The applicable subheading for all styles will be 6108.92.0005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers . . . underwear: underpants. The rate of duty will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

All styles fall within textile category designation 652. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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