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NY K89630




October 1, 2004

CLA-2-61:RR:NC:TA:354 K89630

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, North Carolina 27105

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

Dear Mr. Nagel:

In your letter dated September 24, 2004, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 19BB is a women’s boy leg underpant constructed of a 88% polyester 12% spandex knitted fabric. The garment features an exposed elastic waistband measuring approximately 3/4-inches wide, overlock stitching at the seams, a lined gusset, inner leg seams measuring approximately 3-inches wide, and capping at the leg openings.

The applicable subheading for the garment will 6108.92.0005, Harmonized Tariff Schedule of the United States (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.

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 354 at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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