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NY A88298




October 17, 1996

CLA-2-62:RR:NC:WA:354 A88298

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.11.0000

Ms. Holly Brown
Nordstrom, Inc.
A/P, Import Office
P.O. Box 870
Seattle, Washington 98111

RE: The tariff classification of men's woven cotton boxers in a matching pouch from Hong Kong.

Dear Ms. Brown:

In your letter dated October 3, 1996 you requested a classification ruling. As per your request, the sample is being returned with this ruling letter.

The submitted sample, style 5560, consists of a men's woven cotton boxer short in a matching fabric pouch. The boxer short features a covered elasticized waistband with a two button closure at the center of the waist and a "Faconnable" label sewn on below the two button closure, a fly front and hemmed leg openings. The pouch measures approximately seven inches by six inches and also has a "Faconnable" label sewn on the front.

In Headquarters Ruling Letter 957615 of May 24, 1995, Customs classified a pair of women's flannel boxer style shorts with matching bag. In that ruling the shorts and bag were considered a composite good.

Since the pouch in this instance is not specially shaped or fitted to contain the boxers and is clearly suitable for reuse, it does not meet the requirements for classification by the application of General Rules of Interpretation (GRI) 5(a) or 5(b). The boxers and pouch do however constitute a composite good under GRI 3(b). As such they are classified by the component which gives them their essential character. In this case the woven boxers impart the essential character of this composite good.

The applicable subheading for both the boxer and pouch will be 6207.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: underpants and briefs: of cotton. The duty rate will be 6.4 percent ad valorem.

The boxer and pouch fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong are subject to visa requirements and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Brian Burtnik at 212-466-5880.

Sincerely,

Roger J. Silvestri
Director

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