CLA-2-61:RR:NC:WA:354 A88564

Ms. Charlotte Shapiro
Jockey International, Inc.
2300 60th Street
Kenosha, Wisconsin 53140

RE: The tariff classification of men's cotton boxer shorts and briefs from Indonesia.

Dear Ms. Shapiro:

In your letter dated September 17, 1996, filed on behalf of Tommy Hilfiger, you requested a classification ruling. You provided three samples of men's underwear. Style 1824 is a knitted 100% cotton fabric boxer short. The boxer short features an exposed elasticized waistband with a "Tommy Hilfiger Athletics" label sewn at the middle of the waist, a single button fly, and hemmed leg openings with "Tommy Hilfiger" screen printed by the front lower right leg hem.

Style 1825 is a men's long leg brief constructed of 90% cotton/10% lycra spandex knitted fabric. The long leg brief features an exposed elasticized waistband with a "Tommy Hilfiger Athletics" label sewn at the middle of the waist, hemmed leg openings and "Tommy Hilfiger" is screen printed down the front left side panel of the briefs.

Style 1835 is a knitted 100% cotton fabric boxer short. The boxer short features an exposed elasticized waistband with a "Tommy Hilfiger" label sewn at the middle of the waist and "Tommy Hilfiger" embrodiered on the front of the waistband. Additional features include a two button fly, and hemmed leg openings.

Please note that the Textile Fiber Products Identification Act requires the use of generic names only on the marking of textile products.

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: underpants and briefs: of cotton . . . men's. The duty rate will be 7.8 percent ad valorem.

Both styles fall within textile category designation 352. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

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. 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 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 212-466-5880.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division