United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E85822 - NY E85877 > NY E85829

Previous Ruling Next Ruling
NY E85829




September 23, 1999

CLA-2-61:RR:NC:WA:361 E85829

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3510

Mr. Thomas M. Stanton
Atty In Fact
Edward M. Jones & Co.
P.O. Box 55038
Portland, OR 97239-5038

RE: The tariff classification of women=s woven pants from China.

Dear Mr. Stanton:

In your letter dated June 8, 1999, with additional information supplied in your letter of August 9, 1999, you requested a classification ruling on behalf of Airwair USA LLC. The sample is being returned, as you requested.

Style GAW027 is a pair of women=s pants constructed from 64% polyester, 34% rayon, 2% spandex woven fabric. The pants feature a waistband with 4 belt loops; front zipper opening with a VELCROtm closure on the waistband that closes left over right; two back pockets; two side seam pockets; two front patch pockets; a pocket on the leg; and hemmed leg openings with a seven inch zipper.

Chapter 62, note 8 states, in part:
Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the pants will be classified as a woman=s garment.

The applicable subheading for style GAW028 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for women=s trousers of cotton. The rate of duty will be 29.5 percent ad valorem.

Style GAW027 falls within textile category 648. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

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 Part 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

Previous Ruling Next Ruling

See also: