CLA-2-61:RR:NC:TA:354 I88284

Ms. Marta de la Cuesta
Sherry Manufacturing Company, Inc.
3287 NW 65th Street
Miami, Florida 33147

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

Dear Ms. de la Cuesta:

In your letter dated November 7, 2002, you requested a classification ruling.

The provided sample, Style 1700 is a four panel constructed men’s boxer style brief made of a knitted 60% cotton 40% polyester fabric. The garment features an exposed elasticized waistband measuring approximately 1-1/2 inch wide with “Big Dog Racing” embroidered at equal intervals on the outer surface, a one button fly, and hemmed leg openings. The applicable subheading for Style 1700 will be 6107.11.0010, 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 cotton . . . men’s. The duty rate will be 7.5 percent ad valorem.

Style 1700 falls within textile category designation 352. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division