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NY K89835




October 1, 2004

CLA-2-61:RR:NC:TA:354 K89835

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

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 men’s garment from Honduras.

Dear Mr. Nagel:

In your letter dated September 23, 2004, you requested a tariff classification ruling. The provided sample will be returned as per your request.

Style 436C is a men’s long underpant constructed of a 100% polyester fleece fabric with a smooth outer surface. The garment features an exposed elastic waistband measuring approximately 1-1/4 inches, an open fly front and rib-knit cuffs on the legs.

The applicable subheading for the garment will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' underpants ... knitted or crocheted: of man-made fibers, men's. The rate of duty will be 14.9 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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