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NY J81357




March 21, 2003

CLA-2-61A:RR:NC:TA:354 J81357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0010

Mr. Jeffrey Walton
Imports Department 7331MP
Sears Roebuck & Co.
3333 Beverly Road D5-254B
Hoffman Estates, Illinois 60179

RE: The tariff classification of a men’s garment from the Philippines.

Dear Mr. Walton:

In your letter dated March 3, 2003, you requested a classification ruling. The provided sample will be returned as per your request.

Style 12818 is a men’s boxer short constructed of a knitted cotton fabric in a stars and stripes print. The boxer features a fabric covered elasticized waistband measuring approximately 1-1/4 inch wide, a one-button fly front, and a hemmed bottom.

The applicable subheading for style 12818 will be 6107.11.0010, 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 cotton . . . men’s. The duty rate will be 7.4 percent ad valorem.

Style 12818 falls within textile category designation 352. Based upon international textile trade agreements products of the Philippines 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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