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NY J88323




October 7, 2003

CLA-2-62:RR:NC:WA:361 NY J88323

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.2510

Mr. Kevin Maher
C-Air Customhouse Brokers
International Freight Forwarders
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a pair of women’s woven pants from China.

Dear Mr. Maher:

In your letter dated September 4, 2003, on behalf of your client B.B.C. Apparel, you requested a tariff classification ruling.

You state in your letter that these garments contain bamboo. For the purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

The submitted sample, Style #54-250, is a pair of women’s pants constructed from 60% bamboo, 37% cotton, and 3% spandex woven fabric. The pants feature a flat waistband, four belt loop, a zipper opening with a button closure that fastens left over right, and two front pockets. The garment also has an 8-inch opening on the outside of both legs at the bottom, and hemmed 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.

We are returning your sample as you requested.

The applicable subheading for Style 54-250, will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers, of artificial fibers, other, other, trousers and breeches, women’s. The rate of duty will be 28.8% ad valorem.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

Style 54-250 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 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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