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NY M86869




October 3, 2006

CLA-2-61:RR:NC:WA:361 NY M86869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011

Ms. Irina Parker, Customs Compliance Manager Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

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

Dear Ms. Parker:

In your letter dated August 25, 2006, with supplemental information provided in your letter of September 20, 2006, you requested a classification ruling for a pair of women’s pants. The sample will be returned, as requested.

Style 355568 is a pair of women’s pants constructed from 80 percent cotton, 20 percent polyester knit velour fabric. The pants have a wide elasticized waistband with a drawstring, and hemmed legs.

As noted above, the submitted garments are constructed of velour, a pile fabric. Section XI, subheading note 2 of the Harmonized Tariff Schedules indicates the manner in which the fiber content of a pile fabric is determined. That note states, in pertinent part: 2. (A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 or of heading 5809 consisting of the same textile materials. (B) For the application of this rule:
(b) In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric; You have indicated that the pile portion of the fabric is 100 percent cotton. Therefore, the garment is considered to be “of cotton.”

The applicable subheading for the pants will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's ...trousersknitted or crocheted: of cotton. The rate of duty will be 14.9 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 pants fall within the textile category designation 348. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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