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NY H80718




June 28, 2001

CLA-2-61:RR:NC:TA:N3:356 H80718

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.43.1520

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of men’s knit pants from Mexico.

Dear Ms. Disher:

In your letter dated May 10, 2001, you requested a tariff classification ruling. As requested, your samples will be returned.

Style SN33 is a pair of men’s pants constructed from finely knit fabric that is napped on the inside surface. The fiber content will be 77 percent cotton, 23 percent polyester, in dark colors; 70 percent polyester, 30 percent cotton, in medium grey heather; and 50 percent polyester, 50 percent cotton, in dark grey heather.

Style SN33 features a tunnel elastic waistband with an inside drawstring; side seam pockets; and tunnel elastic cuffs at the ankles. The pants will be imported in sizes 2X and 3X.

The applicable subheading for Style SN33 in fiber blends of 77 percent cotton, 23 percent polyester, and in 70 percent cotton, 30 percent polyester, will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' trousers, knitted or crocheted: of cotton: other: trousers and breeches: men’s. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for Style SN33 in 50 percent polyester, 50 percent cotton, will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boy’s trousers, knitted or crocheted: of synthetic fibers: other: trousers and breeches: men’s. The duty rate will be 28.7 percent ad valorem.

At the time of entry, Customs may verify the actual fiber content of Style SN33 in 50 percent polyester, 50 percent cotton. If the fiber content differs from the weight breakdown indicated in your letter, the tariff classification may differ from the information indicated above.

Style SN33 in fiber blends of 77 percent cotton, 23 percent polyester, and 70 percent cotton, 30 percent polyester, falls within textile category designation 347. Style SN33 in 50 percent polyester, 50 percent cotton, falls within textile category designation 647. Based upon international textile trade agreements, products of Mexico are not presently subject to visa requirements or quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 or the control number listed above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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