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NY H86476




January 15, 2002

CLA-2-61:LA:S:T:1:2:G04 H86476

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2028

Ms. Sandy Disher
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of girls’ knit trousers from Mexico, Honduras, Haiti, or the Dominican Republic

Dear Ms. Disher:

In your letter dated December 20, 2001, you requested a tariff classification ruling.

The submitted sample, style K522, is a pair of girl’s trousers constructed from 50% polyester, 50% cotton finely knit fleece fabric. The pull-on pants feature a fully elasticized waistband and long hemmed legs. The garment will be imported in girls’ sizes XS to XL.

You have indicated in your letter that the fabric of the garment is a blend of 50% cotton, 50% polyester. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment. Your sample will be returned as requested.

The applicable subheading for the girl’s pants will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ . . . trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: of synthetic fibers: other: other: trousers and breeches: girls’: other: other. The rate of duty will be 28.6% ad valorem.

The pants fall within textile category designation 648. As a product of Mexico or the Dominican Republic, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements. As a product of Haiti, this merchandise is subject to a visa requirement based upon international textile trade agreements. As a product of Honduras, this merchandise is not subject to a visa requirement or quota restraints based upon international textile trade agreements.

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 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 this ruling, please contact Field National Import Specialist Jerene Henry at (562) 366-5637 or National Import Specialist Bruce Kirschner at (646) 733-3048.

Sincerely,

Vera Adams

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