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NY J84528





June 10, 2003

CLA-2-61:RR:NC:WA:361 NY J84528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006; 6114.30.1020

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of` a pair of women’s pants and top from China.

Dear Ms. Dorfman:

In your letter dated May 6, 2003, on behalf of your client LTD Commodities Inc., you requested a classification ruling for a pair of women’s pants and top.

The submitted samples are described as follows:

Style #627062-3YPN - a pair of women’s pants constructed from 60% polyester, 35% cotton, and 5% spandex knit fabric. The garment features flat wide elasticized waistband, and hemmed leg openings.

Style #627061-5YTO - a woman’s top constructed from 60% polyester, 35% cotton, and 5% spandex knit fabric. The garment features shoulder straps measuring approximately ¼" in width, an inner “shelf-bra lining”, a modified v-shaped neckline, and a hemmed bottom. The upper portion of the back is cut straight across from side seam to side seam.

We are returning your samples as you requested.

The applicable subheading for the pants, Style 627062-3YPN, will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, knitted or crocheted, of synthetic fibers, other, trousers and breeches, women’s, containing 5% or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.4% ad valorem.

Style 627062-3YPN falls within textile category designation 648. Based upon international textile trade agreements this category, from China is presently subject to quota restraints and visa requirements.

The applicable subheading for the top, Style 627061-5YTO, will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted of man-made fibers, tops, women’s or girls’. The rate of duty will be 28.4% ad valorem.

Style 627061YTO falls within textile category designation 639. Based upon international textile trade agreements this category, from China 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 based on the facts presented. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19CFR 177.2.

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,
National Commodity

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