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NY L86107




August 2, 2005

CLA-2-61:RR:NC:WA:361 NY L86107

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4010

Ms. Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue 9th Floor
New York, NY 10018

RE: The tariff classification of women’s jeans from Bangladesh.

Dear Ms. Gong:

In your letter dated July 11, 2005, you requested a classification ruling for women’s jeans. The garment will be returned, as requested.

Style DDSG8Q is a pair of women’s jeans constructed from 69 percent cotton, 28 percent polyester and three-percent spandex woven blue denim fabric. The jeans have a flat waistband with belt loops, a front opening with a zipper closure and button and hook and bar closure at the top, two front pockets, one with embroidered with beads and spangles, and a plain, hemmed bottom.

You have suggested a classification of the jeans under Harmonized Tariff Schedule of the United States (HTS) number 6204.62.4020, but asked whether they would be considered blue denim for statistical purposes. Statistical note 1(o) of chapter 52 defines blue denim as: fabrics of 3-thread or 4-thread twill, including broken twill, warp faced, the warp yarns of which are dyed blue and the weft yarns of which are unbleached, bleached, dyed grey or colored a lighter shade of blue than that of the warp yarns. The fabric used for the submitted garment meets these requirements. Thus, the garment will be classified under the statistical number for blue denim, rather than the one you suggested.

The applicable subheading for style DDSG8Q will be 6204.62.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’trousers: Of cotton: Blue denim. The duty rate will be 16.6% ad valorem.

Style DDSG8Q falls within textile category designation 348. 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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