CLA-2-61:S:N:N5:354 891438

Mr. Daniel Caudill
Agron, Inc.
11110 Ohio Avenue
Los Angeles, Ca 90025

RE: The tariff classification of men's knit underwear from Hong Kong.

Dear Mr. Caudill:

In your letter dated September 29, 1993, you requested a classification ruling.

You have submitted three samples. Your first submitted sample, style 205208 is a 92% cotton and 8% spandex finely knit brief. The garment features an exposed elasticized waistband with a sewn on fabric "adidas" label at the center that measures 1-1/2 by 3 inches, hi-cut enclosed elasticized leg openings and a two ply pouch front. Styles 205209 and 205210 are all identical except for the color.

Your second submitted sample, style 205211 is a 92% cotton and 8% spandex finely knit "boxer style" short. The garment is 16 inches long and features an exposed elasticized waistband with a sewn on fabric "adidas" label that measures 1-1/2 by 3 inches and hemmed leg openings. In addition, the garment features an inserted crotch sewn in with an overlock stitch from the waistband in the front to the waistband in the back and overlock stitching on the leg outseams and inseams. Styles 205212 and 205213 are all identical except for the color.

Your third submitted sample, style 205214 is a 92% cotton and 8% spandex finely knit "long length" short. The garment is 19 inches long and features an exposed elasticized waistband with a sewn on fabric "adidas" label that measures 1-1/2 by 3 inches and hemmed leg openings. In addition, the garment features an inserted crotch sewn in with an overlock stitch from the waistband in the front to the waistband in the back and overlock stitching on the leg outseams and inseams. Styles 205215 and 205216 are all identical except for the color. All styles are designed to be worn as underwear under sports clothing.

The applicable subheading for all styles 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 7.9 percent ad valorem. All styles fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport