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NY M83558




May 30, 2006

CLA-2-61:RR:NC:WA:361 NY M83558

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006

Ms. Lisa Martin, Sr. Analyst-Classification & Compliance Blue Star Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

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

Dear Ms. Martin:

In your letter dated May 15, 2006, you requested a classification ruling for women’s knit pants. The sample will be returned, as requested.

Style 2533 is a pair of women’s pants constructed from 91 percent cotton, nine percent spandex knit fabric. The leggings-styled pants have an elasticized waistband and leg openings finished with knit openwork fabric.

You have suggested that the garment will be merchandised as pajama bottoms, however, you have also indicated that similarly styled garments will be sold as non-sleepwear leggings. Based on appearance, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

The applicable subheading for style 2533 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’strousers knitted or crocheted: Of cotton: containing five percent or more of elastomeric fibers. The duty rate will be 14.9% 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/.

Style 2533 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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