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NY 868269

November 13, 1991

CLA-2-61:S:N:N3H:354 868269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0020; 6109.10.0009; 6108.91.0005; 6109.10.0037

Ms. Carrie Dzwonar
Heyman Corporation
6045 W. Howard Street
Niles, IL 60648

RE: The tariff classification of children's underwear from Hong Kong.

Dear Ms. Dzwonar:

In your letter dated October 25, 1991, you requested a classification ruling.

You have submitted three samples. All styles of girls' underwear in this request will be imported in sizes 2, 4, 6, 8 and 10. All styles of boys' underwear in this request will be imported in sizes 2, 4, 6, 8 and 10. Your submitted style 6001, is a pair of boys' long underwear pants. The close fitting pants feature a one inch wide elasticized waistband, rib knit cuffs at the ankle, an inset rear panel and a traditional underwear front opening. The garment is seamed down the center and on the side of the leg. The garment is made of a 65% cotton and 35% polyester waffle knit fabric. The sample you submitted is white, style 6001 is also made in royal blue (you have submitted a color swatch).

Your submitted sample, style 6003, is a boys' long underwear top (serious fun). This close fitting top features a crew neck, rib knit cuffs and a hemmed bottom. The garment is made of a 65% cotton and 35% polyester waffle knit fabric. This top is also made as style 6001, solid colors white or royal blue (you have submitted color swatches) and style 6002, winter dog underwear top

Your submitted style 5001, is a pair of girls' long underwear pants. The close fitting pants feature a one inch wide elasticized waistband imprinted with the Osh Kosh name, rib knit cuffs at the ankles and an inset crotch. This garment is seamed down the center and on the inside of the
leg. The garment is made of a 65% cotton and 35% polyester waffle knit fabric. The sample you submitted is white, style 5001 is also made in light pink (you have submitted a color swatch). In addition, your style 5003 (swatch submitted) is identical to style 5001, except the white background contains a small over-all floral print.

Style 5000, is a girls' long underwear top. The close fitting top features a crew neck, rib knit cuffs and a hemmed bottom. The garment is made of 65% cotton and 35% polyester waffle knit fabric. Style 5000 is imported in white or light pink (you have submitted color swatches). In addition, your styles 5002 and 5004 (swatches submitted) are identical to style 5000, except the white background contains a small over-all print (style 5002 is a floral and style 5004 has cats).

The applicable subheading for style 6001 will be 6107.11.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' underpants, briefs..., knitted or crocheted: underpants and briefs: of cotton: boys'. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for styles 6000, 6002 and 6003 will be 6109.10.0009, HTS, which provides for T-shirts... and similar articles, knitted or crocheted: of cotton, men's or boys' underwear: other. The duty rate will be 21 percent ad valorem.

The applicable subheading for styles 5001 and 5003 will be 6108.91.0005, HTS, which provides for women's or girls'...briefs, panties,... and similar articles, knitted or crocheted: other: of cotton: underwear: underpants. The duty rate will be 9 percent ad valorem.

The applicable subheading for styles 5000, 5002 and 5004 will be 6109.10.0037, HTS, which provides for T-shirts,... and similar articles, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

All styles fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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