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NY J88391





September 24, 2003

CLA-2-61:RR:NC:TA:354 J88391

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, North Carolina 27105

RE: The tariff classification of a women’s garment from El Salvador and Honduras.

Dear Ms. Disher:

In your letter dated September 5, 2003, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 511B is a women’s long underpant constructed of two layers of fabric. The outer layer is made of a 55% polyester 45% wool fabric and the inner layer is made of a 100% polyester knitted fabric. The garment features an exposed elastic waistband measuring approximately one inch wide, overlock stitching at the seams, and rib-knit cuffs on the legs.

The applicable subheading for the garment will 6108.92.0005, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers . . . underwear: underpants. The rate of duty will be 16.1 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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