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NY M86968




October 11, 2006

CLA-2-62:RR:NC:TA:361 M86968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4021

Ms. Irina Parker
Avon Products Incorporated
1251 Avenue of the Americas
New York, New York 10120-1196

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

Dear Ms. Parker:

In your letter dated September 27, 2006, you requested a classification ruling. The provided sample will be returned as per your request.

Style 357786 is a pair of women’s pants constructed of 75% cotton, 23% polyester and 2% spandex woven fabric. The pants, which extend just below the knee, have a flat waistband with belt loops, a front zipper, hook and bar closures above the zipper, three front pockets, and hemmed legs.

You referred to the garment as shorts, however, the Explanatory Notes to the Harmonized Tariff Schedule defines shorts as trousers that do not cover the knee. As the submitted garments extend below the knee, they will be classified as trousers.

The applicable subheading for style 357786 will be 6204.62.4021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s trousers: Of cotton: other. The rate of duty will be 16.6% 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 357786 falls within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 DeGaetano at 646-733-5052.

Sincerely,

Robert B. Swierupski
Director,

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