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NY K87419




July 28, 2004
CLA-2-61:RR:NC:WA:361 NY K87419

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.2510

Ms. Andrea Kim
Cornerstone Logistics, Inc.
11099 S. La Cienega Blvd #235
Los Angeles, CA 90045

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

Dear Ms. Kim:

In your letter dated July 2, 2004, you requested a classification ruling for women’s pants, on behalf of Vision Fabrics Inc.

The submitted garment, style 6-B is a pair of women’s pants made from 70 percent bamboo, 30 percent cotton woven fabric. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo. The pants have a flat waistband with belt loops; a front opening with a zipper closure and a button in the waistband that closes in the left-over-right direction; three front and two rear pockets; and hemmed leg openings.

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 the pants have a left over right front closure, the presumption is that they will be for men. However, it is clear based on the cut that they were designed for women. Therefore, the pants will be classified as a woman’s garment.

The applicable subheading for style 6-B will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’strousers: Of artificial fibers. The duty rate will be 28.6% ad valorem.

Style 6-B falls within textile category designation 648. Based upon international textile trade agreements products of China are subject to quota and the 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.

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.

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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