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NY M82599




May 16, 2006

CLA-2-61:RR:NC:TA:361 M82599

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011

Mr. Alan Stewart
Sport Obermeyer, Ltd.
115 ABC
Aspen, CO 81611

RE: The tariff classification of woman’s ski-pants from Bangladesh.

Dear Mr. Stewart:

In your letter received April 18, 2006, you requested a classification ruling. The provided sample will be returned as per your request.

Style “65173- OTB II Stretch Pant” is a pair of woman’s ski-pants made of a bonded material. The outer layer of the fabric is a 95% nylon 5% spandex woven fabric. It is bonded to an inner layer of 100% nylon knitted pile fabric. The ski-pants have a fly front zipper opening with hook and loop fasteners and two metal clasps on the front portion of the self-fabric waistband, long hemmed pants legs, a loop with a plastic "D" ring hanging from the front waistband seam, and a front pocket with a zipper closure located below the waistband on the right side of the garment. Since the ski-pants are made from a laminated fabric, its classification is governed by Legal Note 1 (c), Chapter 60, Harmonized Tariff Schedule of the United States, which states:

     This chapter does not cover:

     (c) knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, covered or laminated, remain classified in heading 6001.

Therefore, the controlling fabric for classification purposes is the knitted pile fabric. Accordingly, your suggested classification as a woven garment is not applicable.   

The applicable subheading for “65173- OTB II Stretch Pant” will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’strousersknitted or crocheted: Of synthetic fibers. The duty rate will be 28.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The garment falls 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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