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NY J88955




October 30, 2003

CLA-2-61:RR:NC:WA:361 NY J88955

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006; 6104.63.2011; 6104.69.2030

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, ON, Canada L3R 6H2

RE: The tariff classification of four pairs of women’s knit pants from Canada.

Dear Ms. Shibish:

In your letter dated September 29, 2003, on behalf of your client Weekenders USA, Inc., you requested a tariff classification ruling for four pairs of women’s knit pants.

The submitted samples are described as follows:

Style #229/230 - a pair of women’s pants constructed from 50% polyester, 44% cotton and 6% spandex knit fabric. The garment features a flat elasticized waistband, two front pockets, and hemmed leg openings.

Style #268/248 - a pair of women’s pants constructed from 50% polyester, and 50% cotton knit fabric. The garment features an elasticized waistband, a string that ties at the front of the waist, and hemmed leg openings.

Style #240/241/242/243 - a pair of women’s pants constructed from 66% polyester, and 34% cotton knit fabric. The garment features a partial elasticized waistband, a front zipper opening with a two-button closure, two front pockets, and hemmed leg openings.

Style #236/237 - a pair of women’s pants constructed from 94% acetate and 6% spandex knit fabric. The garment features a flat elasticized waistband and hemmed leg openings.

You have indicated in your letter that the fabric of Style #268/248 is a blend of 50% polyester/50% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

We are returning your samples as you requested.

The applicable subheading for Style 229/230 will be 6104.63.2006, 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 synthetic fibers, other, other, trousers and breeches, women’s, containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.4% ad valorem.

Style 229/230 falls within textile category designation 648. Based upon international textile trade agreements this category from Canada is not subject to quota restraints or visa requirements.

The applicable subheading for Styles 268/248 & 240/241/242/243 will be 6104.63.2011, 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), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, women’s, other. The rate of duty will be 28.4% ad valorem.

Styles 268/248 & 240/241/242/243 fall within textile category designation 648. Based upon international textile trade agreements this category from Canada is not subject to quota restraints or visa requirements.

The applicable subheading for Style 236/237 will be 6104.69.2030, 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 artificial fibers, trousers, breeches and shorts, other, trousers and breeches. The rate of duty will be 28.4% ad valorem.

Style 236/237 falls within textile category designation 648. Based upon international textile trade agreements this category from Canada 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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