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NY J88389





October 6, 2003

CLA-2-61:RR:NC:WA:361 NY J88389

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006

Ms. Sandy Disher
Sara Lee Branded Apparel
1000 East Hanes Mill Road
Winston Salem, NC 27105

RE: The tariff classification of` a pair of women’s knit pants from Honduras.

Dear Ms. Disher:

In your letter dated September 5, 2003, you requested a classification ruling for a pair of women’s knit pants.

The submitted sample, Style #397H, is a pair of women’s pants constructed from 66% nylon, 24% polyester, and 10% spandex knit fabric. The garment features an elasticized waistband with a drawstring, 6-inch side zippers on the outside of both legs at the bottom, and hemmed leg openings.

We are returning your sample as you requested.

The applicable subheading for the pants, Style 397H 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 397H falls within textile category designation 648. Based upon international textile trade agreements this category, from Honduras is 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 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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