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NY L82038




February 24, 2005

CLA-2-62:RR:NC:N3:361 L82038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.61.9010

Mr. Steve Allan, Customs Compliance Specialist Nordstrom
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101

RE: The tariff classification of a pair of woman’s pants from China.

Dear Mr. Allan:

In your letter dated January 24, 2005, you requested a tariff classification ruling for a pair of women’s pants. The submitted samples will be returned to you as requested.

Style CL100756 is a pair of women’s pants constructed from 49 percent wool, 46 percent polyester, two-percent polyamide, two-percent polyester with one-percent metallic woven fabric. The pants have a flat waistband with belt loops, a front opening with a zipper and hook and bar closure, and hemmed leg openings.

You have provided additional information concerning the construction of the fabric. You indicated that the fabric is made from three different yarns: Yarn 1 - 51 percent wool, 42 percent polyester, five percent polyamide, and two-percent spandex; Yarn 2 – 55 percent wool, 45 percent polyester Yarn 3 – 49 percent polyester, 47 percent wool, four-percent polyester with metallic Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, yarn 3 is considered to be “of other fibers”. However, since the wool exceeds the man-made fibers and the “other fibers,” the garment is considered to be in chief weight of wool.

The applicable subheading for style CL100756 will be 6204.61.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers: Of wool. The rate of duty will be 13.6 percent ad valorem.

Style CL100756 falls within textile category designation 448. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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