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NY J80747




March 7, 2003

CLA-2-62:RR:NC:WA:361 J80747

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.52.2030; 6204.62.4010

Ms. Elizabeth Hodur
Warnaco
149 Madison Avenue
New York, NY 10016

RE: The tariff classification of a woman’s woven pants and skirt fromTurkey.

Dear Ms. Hodur:

In your letter dated February 5, 2003, on behalf of your client CK Jeans Women’s, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #ZJ30H1609- a pair of women’s pants constructed from 100% cotton woven blue denim fabric. The garment features a flat waistband, a zipper opening with a button closure that fastens left over right, four belt loops, and unfinished leg openings.

As noted above, the pants have a left over right closure. 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.

Style #ZJ30H5727 – a woman’s skirt constructed from 100% cotton woven blue denim fabric. The garment features a flat waistband, a zipper opening with a button closure that fastens left over right, four belt loops, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style ZJ30H1609 is 6204.62.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, blue denim. The rate of duty will be 16.7% ad valorem.

Style ZJ30H1609 falls within textile category designation 348. Based upon international textile trade agreements this category from Turkey is presently subject to quota restraints and visa requirements.

The applicable subheading for Style ZJ30H5727 is 6204.52.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ skirts, and divided skirts, of cotton, other, blue denim, women’s. The rate of duty will be 8.2% ad valorem.

Style ZJ30H5727, falls within textile category designation 342. Based upon international textile trade agreements this category from Turkey is presently subject to quota restraints and 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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