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NY M82102




April 21, 2006

CLA-2-61:RR:NC:TA:354 M82102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010; 6108.92.0005; 6109.90.1047; 6109.90.1075

Ms. Barbara Nichols
Spyder Active Sports, Inc.
4725 Walnut Street
Boulder, Colorado 80301

RE: The tariff classification of garments from Turkey.

Dear Ms. Nichols:

In your letter dated March 30, 2006, you requested a classification ruling.

Four samples of men’s and women’s thermal underwear were submitted for review. Style 4770 is a men’s long sleeve thermal undershirt constructed of a jacquard knitted 48% polypropylene 48% nylon 4% spandex fabric. The form-fitting undershirt features a mock t-neckline, flatlock stitching at the shoulder seams, hemmed sleeves and a hemmed bottom, and Spyder logos. Style 4771 is a pair of matching underpants featuring a single flatlock inseam extending from the crotch down both legs, Spyder logos, a hemmed ribbed knit waistband and a hemmed ribbed knit bottom.

Style 4780 is a women’s crew neck long sleeve thermal undershirt constructed of a jacquard knitted 48% polypropylene 48% nylon 4% spandex fabric. Sewn into the garment is an inner self-fabric shelf bra with distinct stitching that outlines the lower bust and a ribbed knit bottom band measuring approximately 1-1/4 inches. The form fitting undershirt features flatlock stitching at the shoulder seams, hemmed sleeves and a hemmed bottom, and Spyder logos. Style 4781 is a pair of matching underpants featuring a single flatlock inseam extending from the crotch down both legs, Spyder logos, a hemmed ribbed knit waistband and a hemmed ribbed knit bottom.

The applicable subheading for Style 4770 will be 6109.90.1047, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Men's or boys': Thermal undershirts. The duty rate will be 32 percent ad valorem.

The applicable subheading for Style 4771 will be 6107.12.0010, HTSUS, 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.

The applicable subheading for Style 4780 will 6109.90.1075, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Women’s or girls’: Thermal undershirts. The rate of duty will be 32 percent ad valorem.

The applicable subheading for Style 4781 will be 6108.92.0005, 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 garments 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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