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NY K87029




July 1, 2004
CLA-2-61:RR:NC:TA:354 K87029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005

Mr. John Nagel
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 Taiwan.

Dear Mr. Nagel:

In your letter dated June 10, 2004, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 4618 is a women’s boy leg underpant made of 90% nylon 10% spandex knitted fabric in a seamless construction. The close fitting underpant features a distinct ribbed construction below the rear waistband outlining the upper derriere, a hemmed waistband, inner leg seams measuring approximately 3 inches wide, and a hemmed bottom.

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 percent ad valorem.

The garment falls 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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