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NY N016901

September 28, 2007



TARIFF NO.: 6107.11.0010, 6109.10.0011

Ms. Jane Galella
Hatch Way L.L.C.
1333 Broadway
Suite 1109
New York, N.Y. 10018

RE: The tariff classification of men’s thermal undergarments from China.

Dear Ms. Galella:

In your letter dated September 7, 2007, you requested a classification ruling.

Style #112 is a pair of men’s 100% cotton thermal waffle knit long underpants. The form-fitting underpants feature a covered elastic waistband, an open fly front panel, and rib knit cuffs at the ankles.

Style #63 is a man’s 100% cotton thermal waffle knit undershirt. The shirt features a crew neck, long sleeves with rib knit cuffs and an overlock stitched bottom edge with curved sides and a longer back tail.

The applicable subheading for style #112 will be 6107.11.0010, Harmonized Tariff Schedule of the United States (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 cottonmen’s. The duty rate will be 7.4% ad valorem.

The applicable subheading for style #63 will be 6109.10.0011, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: thermal undershirts. The duty rate will be 16.5% 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/.

The garments fall within textile category 352. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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