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NY M83643




June 15, 2006

CLA-2-61:RR:NC:WA:361 NY M83643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.69.8038; 6204.69.6040

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of two pairs of women’s pants from China.

Dear Mr. Weinrauch:

In your letter dated May 11, 2006, on behalf of your client Mometrends, Inc., you requested a tariff classification for two pairs of women’s pants.

The submitted samples are described as follows:

Style #vs-15 - a pair of women’s pants constructed from 59% silk, 34% rayon, and 7% cashmere knit fabric. The pull-on pants feature a flat waistband with a drawstring, and self-start leg openings.

Style #vs-32180 – a pair of women’s pants constructed from 55% silk, and 45% rayon woven fabric. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.

We are returning your samples as you requested.

The applicable subheading for the pants, Style vs-15, will be 6104.69.8038, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of other textile materials, other, other, trousers and breeches. The rate of duty will be 5.6% ad valorem.

The applicable subheading for the pants, Style vs-32180, will be 6204.69.6040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of other textile materials, other, other, trousers and breeches. The rate of duty will be 7.1% 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/.

Styles vs-15 & vs-32180 falls within textile category designation 847. -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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