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NY J87423





July 24, 2003

CLA-2-61:RR:NC:WA:361 NY J87423

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

RE: The tariff classification of four pairs of women’s knit pants from Hong Kong - correction to NY ruling J85531.

Dear Mr. Spoto:

This letter replaces the ruling letter we sent to you on July 2, 2003, on behalf of Regaliti, Inc., under file number NY J85531. The purpose of this replacement letter is to correct a clerical error. On July 14, 2003, Mr. Peter Singh of Regaliti, Inc., informed this office of a clerical error in the duty rate shown on page two, paragraph #6. The error has now been corrected.

In your letter dated June 4, 2003, on behalf of your client Regaliti Inc., you requested a tariff classification ruling for four pairs of women’s knit pants.

The submitted samples are described as follows:

Style #8620 - a pair of women’s pants constructed from 92% cotton, and 8% spandex knit fabric. The garment features an elasticized waistband, and hemmed leg openings.

Style #8622 - a pair of women’s pants constructed from 92% cotton, and 8% spandex knit fabric. The garment features an elasticized waistband, and hemmed leg openings.

Style #8619 - a pair of women’s pants constructed from 95% cotton, and 5% spandex knit fabric. The garment features an elasticized waistband, and hemmed leg openings.

Style #8621 - a pair of women’s pants constructed from 95% cotton, and 5% spandex knit fabric. The garment features an elasticized waistband, and hemmed leg openings.

Although you have recommended that these garments be classified under heading 6115 as tights, they are similar in construction to garments that were adjudicated in Regaliti Inc. v. United States, Slip-Op. 92-80. In that case, similarly styled garments were classified as pants in heading 6104.

We are returning your samples as you requested.

The applicable subheading for Styles 8620, 8622, 8619, and 8621, will be 6104.62.2006, 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 other textile materials, other, other, trousers and breeches. The rate of duty will be 15.1% ad valorem.

Styles 8620, 8622, 8619, and 8621 fall within textile category designation 348. Based upon international textile trade agreements this category from Hong Kong is 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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