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NY I88456




December 4, 2002

CLA-2-61:RR:NC:TA:354 I88456

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, Washington 98104

RE: The tariff classification of men’s garments from Taiwan.

Dear Mr. Mento:

In your letter dated November 12, 2002, you requested a classification ruling on behalf of KP Sports, Inc. dba Under Armour® Performance Apparel. The provided samples will be returned as per your request.

Three styles were provided for review. Style 0066 is a men’s brief constructed of knitted 81% polyester 19% elastane fabric. The brief features an exposed elasticized waistband measuring approximately 1-1/2 inches wide with “Under Armour” embroidered at equal intervals on the outer surface, an opening fly, and fabric covered elasticized trim at the leg openings.

Style 0067 is a men’s boxer brief constructed of knitted 81% polyester 19% elastane fabric. The brief features an exposed elasticized waistband measuring approximately 1-1/2 inches wide with “Under Armour” embroidered at equal intervals on the outer surface, an opening fly, and hemmed leg openings.

Style 0068 is a men’s boxer short constructed of knitted 81% polyester 19% elastane fabric. The brief features an exposed elasticized waistband measuring approximately 1-1/2 inches wide with “Under Armour” embroidered at equal intervals on the outer surface, a one button fly, and hemmed leg openings.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for all styles 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, knitted or crocheted: underpants and briefs: of man-made fibers . . . men’s. The duty rate will be 15.1 percent ad valorem.

All styles fall within textile category designation 652. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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