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NY L84685




May 18, 2005

CLA-2-61:RR:NC:TA:354 L84685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Ms. Yvonne Arking
Basic Resources Inc.
31 West 34th Street
New York, New York 10001

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

Dear Ms. Arking:

In your letter dated May 2, 2005, you requested a classification ruling.

Style BG1074 is a men’s three panel constructed long leg brief made of 84% polyester 16% spandex finely knitted fabric. The brief features an exposed elasticized waistband measuring approximately 1-1/2 inches with the words “Body Glove” knitted in a contrasting color at equal intervals on the outer surface. Additional features include flatlock stitching at the garment seams and hemmed leg openings.

The applicable subheading for Style BG1074 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 14.9 percent ad valorem.

Style BG1074 falls within textile category designation 652. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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