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NY N008685




April 5, 2007

CLA-2-61:RR:NC:N3:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011

Ms. Lisa York
Target Customs Brokers, Inc.
7000 Target Parkway North
Brooklyn Park, MN 55445

RE: The tariff classification of a pair of women’s knit pants from Malaysia.

In your letter dated March 16, 2007, you requested a classification ruling for a pair of women’s knit pants.

The submitted sample, Style #212238, is a pair of women’s crop pants, constructed from 60% cotton, 40% polyester fleece knit fabric. The garment features an elasticized waistband with a drawstring, and elasticized leg opening.

You have referred to the submitted garment as sleepwear. In addition, you have provided some merchandising information supporting that claim. However, based on the garment’s appearance, it is clearly capable of being worn as non-intimate apparel. In addition, advertising of similar garments, including descriptions on the website, indicates multiple uses. As such, the garment will not be classified as sleepwear in heading 6108.

Your sample is being returned as requested.

The applicable subheading for the pants, Style #212238, will be 6104.62.2011, 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 cotton, other, trousers and breeches, women’s, other. The rate of duty 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/.

The pants, Style 212238, fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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