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NY J89631




November 6, 2003

CLA-2-61:RR:NC:WA:361 NY J89631

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6204.69.2510; 6204.69.9044

Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153
Attention: Joe Hoffacker

RE: The tariff classification of women’s pants from China, Cambodia or Bangladesh.

Dear Mr. Hoffacker:

In your letter dated October 3, you requested a classification ruling for five pair of pants on behalf of Norton McNaughton. The samples will be returned, as requested.

Style 3ZJEE9 is a pair of woman’s pants with a sash styled belt. The pants and belt are constructed from 100 percent cotton woven fabric. The pants, which are made in a solid color, have a waistband with belt loops, a side opening with a zipper and hook and eye closure, and hemmed leg openings with side slits. The sash belt is approximately five inches wide and 56 inches long. It is made in a striped pattern, is scrunched to fit in the belt loops, and ties at the front.

Style 4FHELF is a pair of woman’s pants with a sash styled belt. The pants and belt are constructed from 100 percent rayon woven fabric. The pants have a waistband with belt loops, a front opening with a zipper, button, and hook and bar closure, and hemmed leg openings with side slits. The self-fabric sash belt is approximately three inches wide and 56 inches long. It is scrunched to fit in the belt loops, and ties at the front.

Style 4FKELQ is a pair of woman’s pants with a sash styled belt. The pants and belt are constructed from 75 percent polynosic (rayon) and 25 percent polyester woven fabric. The pants have a waistband with belt loops, a front opening with a zipper and hook and bar closure, side seam pockets, back patch pockets with a button, and hemmed leg openings with side slits. The self-fabric sash belt is 1 ½ inches wide and 56 inches long, and ties at the front.

Style 4MVELB is a pair of woman’s pants with a sash styled belt. The pants are constructed from 65 percent rayon and 35 percent polyester woven fabric; the sash belt is constructed from 95 percent rayon, five- percent polyester woven fabric. The pants, which are made in a solid color, have a partially elasticized waistband with belt loops, and hemmed leg openings with side slits. The sash belt, which has a striped pattern, is approximately ¾ inches wide and 56 inches long, and ties at the front.

Style 3TKDLC is a pair of woman’s pants with a sash styled belt. The pants and belt are constructed from 55 percent linen, 45 percent rayon woven fabric. The pants have a partially elasticized waistband with belt loops, a front opening with a zipper and hook and eye closure, and hemmed leg openings with side slits. The self-fabric sash belt is approximately one inch wide and 56 inches long, and ties at the front.

The sash belts and pants are considered a composite goods. For such articles, the classification is determined by that portion that provides the essential character. For each of these styles, the pants provide the essential character; therefore, the items are classified, and take the quota category, for women’s pants.

The applicable subheading for style 3ZJEE9 will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spants: Of cotton. The duty rate will be 16.7% ad valorem.

The applicable subheading for styles 4FHELF, 4FKELQ, and 4MVELB will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spants: Of artificial fibers. The duty rate will be 28.8% ad valorem.

The applicable subheading for style 3TKDLC will be 6204.69.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’spants: Of other fibers. The duty rate will be 2.8% ad valorem.

Style 3ZJEE9 falls within textile category designation 348; styles 4FHELF, 4FKELQ, and 4MVELB fall within textile category designation 648; Style 3TKDLC falls within textile category designation 847. Based upon international textile trade agreements, categories 348 and 648 from China, Cambodia or Bangladesh are subject to requirement of a visa.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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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