HQ 953131: Inquiry Under 19 U.S.C. 1516(a) for Classification of Silk Boxer Shorts

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 953131
                          April 13, 1993

CLA-2:CO:R:C:T 953131  PR

CATEGORY:      Classification

TARIFF NO.:    6207.19.0020

Claudia G. Pasche, Esq.
Brownstein, Zeidman and Lore
1401 New York Avenue, N.W., suite 900
Washington, D.C. 20005-2102

RE:  Inquiry Under 19 U.S.C. 1516(a) for Classification
     of Silk Boxer Shorts

Dear Ms. Pasche:

     This is in reply to your letters of November 6 and December
12, 1992, on behalf of Isaco International, Inc., in which you
requested, pursuant to 19 CFR 175.1, the tariff classification
of men's silk boxer shorts.  Our ruling on the matter follows.

FACTS:

     The submitted sample is a man's woven silk boxer short.  It
has an unbroken fully elasticized enclosed waistband, a fly front
secured by a single button approximately half way between the
waistband and the bottom of the fly, 14 inch side seams, and
hemmed leg openings.

ISSUE:

     The issue presented is whether the sample garment is
classifiable as men's shorts, underwear, or sleepwear.

LAW AND ANALYSIS:

     Customs has ruled that similarly constructed garments were
classifiable as men's underwear.  See HQ's 953173, 951174,
951750, 950890, and 089907.  There is nothing about the sample
that significantly distinguishes from those which were the
subject of the cited rulings.

HOLDING:

     The submitted sample is classifiable under the provision for
men's or boys' underpants, briefs, or similar garments,
containing over 70 percent by weight of silk, in subheading
6207.19.0020, with duty at the column one rate of 11.2 percent ad
valorem.                                 -2-


     If you disagree with the above classification and/or duty
rate, you may file a petition pursuant to 19 U.S.C. 1516 (in this
regard, see 19 CFR 175.11 and 19 CFR 175.12) contesting that
classification and/or duty rate.

     As you were telephonically informed by a member of my staff,
we are unable to provide any information concerning the amount or
value of merchandise imported by particular companies.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division