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NY L84029




May 11, 2005

CLA-2-61:RR:NC:WA:361 NY L84029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010; 6104.63.2030

Ms. Irina Parker
Pearl Izumi USA, Inc.
620 Compton Street
Broomfield, CO 80020

RE: The tariff classification of a woman’s knit skirt and a pair of shorts from Macau.

Dear Ms. Parker:

In your letter dated April 8, 2005, you requested a tariff classification ruling.

The submitted sample, Style #0367, is described as a “Rhumba Cycling Skirt”, which consists of a skirt and attached shorts. The skirt is constructed from 88% polyester and 12% spandex knit fabric. The shorts are constructed from 85% nylon, and 15% spandex knit mesh material. The skirt features a wide elasticized waistband, openings at both sides with zipper closures, and a hemmed bottom. The pull-on shorts feature an elasticized waist, padded crotch, and elasticized leg openings. The garments are attached to each other by means of small loops one each side. The loops are attached on the inner portion of the skirt and the outer portion of the shorts. Since the garments may be easily detached without damage, the skirt and shorts will be classified separately.

We are returning your samples as you requested.

The applicable subheading for the skirt of Style 0367 will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sskirts knitted or crocheted: Of synthetic fibers. The duty rate will be 16% ad valorem.

The applicable subheading for shorts of Style 0367 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ shorts, knitted or crocheted, of synthetic fibers, other, shorts, women’s. The rate of duty will be 28.2% ad valorem.

The skirt of Style 0367 falls within textile category designation 642. The shorts of Style 0367 fall within textile category designation 648. 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. 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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