CLA-2-61:OT:RR:NC:N3:354

Ms. Linda Krueger
Jockey International, Inc.
2300 60th Street
Kenosha, WI 53140

RE: The tariff classification of an undergarment from Thailand

Dear Ms. Krueger:

In your letter dated October 5, 2021, you requested a tariff classification ruling. No sample was submitted with this ruling.

Style 2588, “Worry Free Boxer Brief,” is a woman’s boy leg underpant constructed of 95% cotton, 5% spandex knit fabric. The undergarment features an elastic waistband, hemmed leg openings and a floating gusset with three additional layers. The liner is 94% cotton, 6% spandex over a layer of 100% polyester fabric and a layer of 100% nylon. The gusset area is secured with waterproof seam tape. You state that the garment will be marketed for incontinence and minor menstrual issues. In addition, you state that advertising will claim that the garment is washable, reusable and will help reduce landfill waste by replacing pantyliners.

The applicable subheading for style 2588 will be 6108.91.0005, 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: other: of cotton: underwear: underpants. The rate of duty will be 8.5% 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 https://hts.usitc.gov/current.

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, please contact National Import Specialist Karen Sikorski at [email protected].


Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division