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NY H86454




Jan 7 2002

CLA-2-62:K:TO:B8:I13 H86454

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010; 6108.92.0005

Mr. Ryan LaPrade
Burton Corporation
80 Industrial Parkway
Burlington, VT 05401

RE: The tariff classification of three knit garments from China.

Dear Mr. LaPrade:

In your letter dated December 13, 2001, you requested a classification ruling.

You have submitted three samples of long john underwear, men’s style numbers AKPNT and AK2:1PNT which are manufactured from a 100% polyester knit fabric, and ladies’ style number 443 which is also manufactured from a 100% polyester knit fabric.

The garments feature a fully elasticized waistband, and separate leg openings.

The applicable subheading for the men’s long john style underpants will be 6107.12.0010, Harmonized Tariff Schedule of the United States, (HTSUS) which provides for men’s or boy’s underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Underpants and briefs, Of man-made fibers. The duty rate will be 15.1% ad valorem.

The applicable subheading for the ladies’ long john style underpants will be 6108,92.0005, HTSUS, which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles, knitted or crocheted: Of man-made fiber, Underwear, underpants. The duty rate will be 16.2% ad valorem. The samples are being returned as requested.

The garments all fall within textile category designation 652. As products of China, this merchandise is currently subject to visa and quota requirements based upon international textile trade agreements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 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.

If you have any questions regarding the ruling, contact Field National Import Specialist Andrew Boland at 718-553-1626 or National Import Specialist Brian Burtnik at 646-733-3054.

Sincerely,

Susan T. Mitchell

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