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NY F81234




December 27, 1999

CLA-2-61:RR:NC:TA:354 F81234

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Mr. Adam Green
Get Hunks.com
13825 North 30th Drive
Phoenix, AZ 85053

RE: The tariff classification of men’s underwear from Australia.

Dear Mr. Green:

In your letter dated December 14, 1999, you requested a tariff classification ruling.

Two samples of men’s hipster underwear briefs constructed of a 59% polyester 32% cotton 9% Spandex knitted fabric were provided for review. Both styles feature hemmed boy-cut leg openings and an exposed elasticized waistband measuring approximately 1-1/2 inches wide with “Underdaks” embroidered in equal intervals on the outer surface. Style M1691 has a contrasting color fly. Style M1690 has contrasting color fabric inserts sewn at an angle down the side of both legs.

Please note that pursuant to section 141.113, Customs Regulations (19 C.F.R. 141.113) and the Textile Fiber Products Identification Act (15 U.S.C. 70), textile and apparel articles are required to be marked or labeled with the fiber content, by percentage in descending order by weight, using generic terms.

The applicable subheading for styles M1691 and M1690 will be 6107.12.0010, 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 man-made fibers . . . men's. The duty rate will be 15.4 percent ad valorem. In 2000, the duty rate will be 15.3 percent ad valorem.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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