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NY 893909




February 4, 1994

CLA-2-61:S:N:N5:354 893909

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0020; 6108.21.0020

Ms. Carrie Chalifoux
Heyman Corporation
6045 West Howard Street
Niles, IL 60714

RE: The tariff classification of boys' and girls' underwear from Hong Kong.

Dear Ms. Chalifoux:

In your letter dated January 12, 1994, you requested a classification ruling.

Your submitted style 0302, is a boys' Christmas Gift Pack which contains two pairs of 100% knit cotton briefs in assorted Christmas prints. The briefs feature an elasticized waist with the words "Osh Kosh" at frequent intervals on the waistband and a fly front. The sizes offered are 2, 3, 4, 6, 8 and 10.

Your submitted style 0802, is a girls' Christmas Gift Pack which contains three pairs of 100% knit cotton briefs in assorted Christmas prints. The briefs feature an elasticized waist with the words "Osh Kosh" at frequent intervals on the waistband, a small centered bow and elasticized leg openings. The sizes offered are 2, 3, 4, 6, 8 and 10.

The package used to hold each set of briefs is a rectangular clear vinyl "envelope" bag. The bag is secured with a snap and has a handle. The vinyl bags are not specially shaped or fitted to contain the briefs. According to HRL 953286, dated May 11, 1993 which dealt with the same issue, " the instant plastic bags are not suitable for repetitive use in the Customs sense and that the bags must be, classified with their contents pursuant to GRI 5 (b).

The applicable subheading for style 0302 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 the 0802 will be 6108.21.0020, HTS, which provides for women's or girls' slips, petticoats, briefs, panties, . . . knitted or crocheted: briefs and panties of cotton, girls'. The duty rate will be 8.1 percent ad valorem.

Both 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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