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NY K86329




June 10, 2004
CLA-2-61:RR:NC:WA:361 NY K86329

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006

Ms. Yvonne M.W. Richardson
The Millwork Trading co., Ltd.
1372 Broadway, 2nd Floor
New York, NY 10018

RE: The tariff classification of a pair of women’s pants from an unknown country.

Dear Ms. Richardson:

In your letter dated May 26, 2004, you requested a classification ruling.

The submitted sample, Style #018, is a pair of women’s pants constructed from 90% polyester and 10% spandex knit fabric. The pants feature a flat waistband, a lining constructed from 79% polyester and 21% spandex fabric, and hemmed leg openings.

For the purposes of this ruling, we assume the pants will be manufactured in a country entitled to the duty rate listed in the General Rates of Duty column in the Harmonized Tariff schedule of the United (HTS). The applicable subheading for Style 018, 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 28.2% ad valorem.

We are unable to rule on the marking of the hosiery package, identified as Style #004. If you would like to obtain a ruling on the marking of this item, you may wish to resubmit your request with the following additional information: A sample of the garment with any marking that you intend to attach to the garment; an indication of whether the garment will be made in one or more countries; an indication as to whether the package will contain any place names if the goods are not made in the U.S. An example of this is the statement “products are designed by women and made in the USA (with care).” If you decide to resubmit your request, please mail to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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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