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NY M85796




September 8, 2006

CLA-2-61:RR:NC:TA:354 M85796

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010

Mr. Jamiel M. Price
Maskyәlĭn Inc.
605 West Main Street
Clayton, Delaware 19938

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

Dear Mr. Price:

In your letter dated August 2, 2006, you requested a classification ruling.

Style A200 is a men’s one panel constructed underwear bikini brief featuring a hemmed ribbed knit waistband with “Maskyәlĭn” knitted in a contrasting color at the center front, hemmed leg openings with inner elastic, and a horizontal seam at the lower garment rear.

You state that this garment is made of 45.5% bamboo 27% nylon 19.5% lyocell 8% spandex knitted fabric. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

The applicable subheading for Style A200 will be 6107.12.0010, 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 man-made fibers . . . Men's. The rate of duty will be 14.9 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/.

Style A200 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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