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NY I85831




October 1, 2002

CLA-2-61:RR:NC:WA:361 NY I85831

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, ON, Canada L3R 6H2

RE: The tariff classification of women’s knit skirts from Canada.

Dear Ms. Shibish:

In your letter dated September 3, 2002, you requested a classification ruling.

The submitted samples are described as follows:

Style #605 - a woman's skirt constructed from 55% polyester, 45% cotton knit fabric. The skirt features an elasticized waist, and a hemmed bottom.

Style 696/762 – a woman’s skirt constructed from 50% polyester, 50% cotton knit fabric. The skirt features an elasticized waist, and a hemmed bottom.

You have indicated in your letter that the fabric is a blend of 50% polyester and 50% cotton. 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 as well as the quota category.

We are returning your samples as you requested.

The applicable subheading for the skirts, Styles 605 & 696/762 will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sskirts and divided skirts: Of synthetic fibers, women’s. The duty rate will be 16.2% ad valorem. The skirts fall within textile category designation 642. Based upon international textile trade agreements this category from Canada is not subject to quota restraints or visa requirements.

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 the ruling, contact National Import Specialist Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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