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NY J83284




May 1, 2003

CLA-2-61:RR:NC:WA:361 J83284

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6104.62.2006; 6104.69.2030

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 April 10, 2003, on behalf of your client Weekenders USA, Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #274/275 - a pair of women’s pants constructed from 39% polyester, 39% acrylic, and 22% cotton knit fabric. The pants feature a partial elasticized waistband, a front zipper with a one button closure that fastens right over left, two front pockets, and hemmed leg openings.

Style #731 - a pair of women’s pants constructed from 39% polyester, 39% acrylic, and 22% cotton knit fabric. The pull-on pants feature an elasticized waistband, pockets at both sides, and hemmed leg openings.

Style #272 – a pair of women’s pants constructed from 50% polyester, and 50% cotton knit fabric. The pull-on pants feature an elasticized waistband, and hemmed leg openings.

Style #732 – a pair of women’s pants constructed from 90% cotton, and 10% spandex knit fabric. The pull-on pants feature a wide elasticized waistband, and hemmed leg openings.

Style #273/733 – a pair of women’s pants constructed from 94% acetate, and 6% spandex knit fabric. The pull-on pants feature an elasticized waistband, and hemmed leg openings.

You have indicated in your letter that the fabric of Styles 272 is a blend of 50% cotton and 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 textile category designation of the subject garment.

We are returning your samples as you requested.

The applicable subheading for Styles 274/275, 731, and 272 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, knitted or crocheted, of synthetic, other, trousers and breeches, women’s, other. The rate of duty will be 28.4% ad valorem.

Styles 274/275, 731, and 272 fall within textile category designation 648. Based upon international textile trade agreements this category, from Canada is presently not subject to quota restraints or visa requirements.

The applicable subheading for Style 732 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, knitted or crocheted, of cotton, other, trousers and breeches, women’s, containing 5% or more by weight of elastomeric yarn. The rate of duty will be 15.1% ad valorem.

Style 732 falls within textile category designation 348. Based upon international textile trade agreements this category, from Canada is presently not subject to quota restraints or visa requirements.

The applicable subheading for Style 273/733 will be 6104.69.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, knitted or crocheted, of artificial fibers, other, trousers and breeches. The rate of duty will be 28.4% ad valorem. Style 273/733 falls within textile category designation 648. Based upon international textile trade agreements this category, from Canada is presently 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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