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NY E89192




December 10, 1999

CLA-2-61:RR:NC:TA:361 E89192

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.9030

Ms. Ludene Murphree
Import Compliance Manager
Gap Inc.
One Harrison Street
San Francisco, CA 94105

RE: The tariff classification of women’s woven pants from Italy.

Dear Ms. Murphree:

In your letter dated October 21, 1999, you requested a classification ruling for a pair of women’s pants. The sample is being returned, as you requested.

Style 537716 is a woven pair of pants for women. The pants have a front zipper and button closure; five belt loops; two side seam pockets; two rear pockets; and hemmed leg openings. Although the direction on the button and hook and eye closure is left over right, the cut of the garment clearly indicates that it is for women.

You have indicated that the submitted sample is constructed from 39% metallic, 36% nylon and 25% cotton woven fabric. Because the fabric contains metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. The metallic yarn in the submitted garment is a single strand, and not twisted with any other fibers. Since the weight of the metallic yarn is greater than each of the other fibers, the fabric is considered to be metallic, thus “of other fibers.”

As noted above, the fabric of the pants is considered to be “of other fibers.” However, in order to determine the classification at the ten-digit level, it is necessary to apply Section XI, Statistical Note 2 to the Harmonized Tariff Schedule of the United States (HTS) . That note states: For the purposes of the Tariff Schedule: (a) The term "subject to cotton restraints" means articles in which: (i) The cotton component equals or exceeds 50 percent by weight of all the component fibers thereof; or (ii) The cotton and any wool, fine animal hair or man-made fibers in the aggregate equals or exceeds 50 percent by weight of all the component fibers thereof and the cotton component equals or exceeds the weight of each of the wool (including fine animal hair) and man-made fiber components.

(b) The term "subject to wool restraints" means articles not provided for in (a) above and in which the wool (including fine animal hair) component exceeds 17 percent by weight of all the component fibers thereof.

(c) The term "subject to man-made fiber restraints" means articles not provided for in (a) or (b) above and the man-made fiber component, or the man-made fibers and any cotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.

For the application of this note, where appropriate, only the part of the product which determines the classification under general interpretive rule 3 shall be taken into account.

Since the fiber content meets the requirements of (c) above, that is, the cotton, wool and man-made fibers equals or exceeds 50% of the weight of all the component fibers, and the cotton does not exceed the weight of the man-made fibers, the garment is “subject to man-made fiber restraints.”

The applicable subheading for style 537716 will be 6204.69.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers: Of other textile materials: Subject to man-made fiber restraints. The duty rate will be 2.9 percent ad valorem. The rate of duty as of January 1, 2000 will remain the same.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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