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NY J88124




September 19, 2003

CLA-2-61:RR:NC:WA:361 NY J88124

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6204.6204.62.4020

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of women’s pants from various countries.

Dear Ms. Coats:

In your letter dated August 20, 2003, you requested a tariff classification ruling for three pairs of women’s pants.

The submitted samples are described as follows:

Style #953073 - a pair of women’s pants constructed from 100% cotton woven poplin fabric. The pull-on pants feature an elasticized waist with drawstring, an all-over printed design, slits and both sides, and hemmed leg openings.

Style #953070 - a pair of women’s pants constructed from 100% cotton jersey knit fabric. The pull-on pants feature a wide elasticized waist with a drawstring, an all-over printed design and hemmed rib knit leg openings.

Style #953072 - a pair of women’s pants constructed from 100% cotton jersey knit fabric. The pull-on pants feature an elasticized waist with a drawstring, a screen-printed design at the rear, below the waistline, and on the rear of the left leg. The pants also have slits at both sides, and hemmed leg openings.

We are returning your samples as you requested.

The applicable subheading for Styles 953070 & 953072, will be 6104.62.2011, 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) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 15.1% ad valorem.

The applicable subheading for Style 953073 will be 6204.62.4020, 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), of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 16.7% ad valorem.

Styles 953070, 953072 & 953073 fall within textile category designation 348. 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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