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NY M80614




March 8, 2006

CLA-2-61:RR:NC:TA:354 M80614

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0010; 6108.21.0010

Mr. David Harris
DNA Products, LLC
P.O. Box 306
New York, New York 10032

RE: The tariff classification of men’s and women’s disposable underwear from China.

Dear Mr. Harris:

In your letter dated February 15, 2006, you requested a classification ruling.

Three samples of finely knitted cotton fabric disposable underwear were submitted for review. Style 5990 is a women’s disposable panty brief with an elasticized waistband, elasticized leg openings, and a sewn-in crotch panel. Style 6880 is a men’s disposable brief with an elasticized waistband, elasticized leg openings, and a front panel opening. Style 4870 is a men’s disposable underwear boxer short with an elasticized waistband, an open fly front, and overlock stitching at the leg bottom.

The applicable subheading for Style 5990 will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton: Women’s. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for Styles 6880 and 4870 will be 6107.11.0010, HTSUS, which provides for Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: Underpants and briefs: Of cotton . . . Men's. The rate of duty will be 7.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

All styles fall within textile category designation 352. 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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