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NY J82545




April 17, 2003

CLA-2-61:RR:NC:TA:354 J82545

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Mr. Matthew Clark
Schenker Incorporated
600 Allied Way
El Segundo, California 90245

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

Dear Mr. Clark:

In your letter dated March 25, 2003, you requested a classification ruling on behalf of Performance Apparel Corporation. The provided sample will be returned as per your request.

Style HC2085 is a “Hot Chillys” brand pair of men’s long underpants constructed of a polyester knitted fabric. The garment features an exposed elastic waistband with “Hot Chillys” printed and images of hot peppers embroidered at equal intervals on the outer surface, an open fly front and a tapered leg with a hemmed bottom.

The applicable subheading for Style HC2085 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 percent ad valorem.

Style HC2085 falls within textile category designation 652. Based upon international textile trade agreements products of China 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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