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NY 874240

June 2, 1992

CLA-2-61:S:N:N3-I:356 874240

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1050

Mr. Martin I. Lichtblau
Nantucket Industries, Inc.
105 Madison Avenue
New York, New York 10016

RE: The tariff classification of men's knit shorts from Hong Kong.

Dear Mr. Lichtblau:

In your letter dated May 8, 1992, you requested a tariff classification ruling.

The submitted sample is a pair of men's boxer style shorts which are constructed from 100 percent cotton, finely knit, jersey fabric. The garment, submitted in size M, features a covered, heavy elastic waistband; a front fly opening with a single button closure; and hemmed leg openings. A strip of contrast color, woven flannel fabric extends approximately one-half inch below the hemmed bottom of each leg opening giving the appearance of a layered garment.

You have indicated in your correspondence that you believe the garment is men's underwear. However, the double hemmed botton is not indicative of men's underwear. Consequently, the applicable subheading for this garment will be 6103.42.1050, Har- monized Tariff Schedule of the United States (HTS), which provides for: men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of cotton: trousers, breeches and shorts: shorts: men's. The duty rate will be 17.1 percent ad valorem.

This garment falls within textile category designation 347. 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 sub- ject 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 already been filed, 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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