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NY N008908





April 20, 2007

CLA-2-62:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3510; 6204.63.3532

Ms. Barbara Moore
The Janel Group of N.Y., Inc.
15-14 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of women’s woven shorts and trousers from China.

Dear Ms. Moore:

In your letter dated March 23, on behalf of your client Tracey Evans, Ltd., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #3518756 – A pair of women’s trousers constructed from 70% polyester, 25% rayon, and 5% spandex woven fabric. The garment extends below the knee and features a flat waistband with two belt loops, a front zipper with a two-button closure that fastens right over left, two front pockets, and cuffed leg openings.

Style #7818604– A pair of women’s shorts constructed from 70% polyester, 28% rayon, and 2% spandex woven fabric. The garment extends above the knee and features a flat waistband with five belt loops, a front zipper with a three-button closure that fastens left over right, two front pockets, one front pocket flap with a button, two rear pocket flaps with buttons, and hemmed leg openings

Style 73S179 – A pair of women’s shorts constructed from 70% polyester, 25% rayon, and 5% spandex woven fabric. The garment extends above the knee and features a flat waistband with five belt loops with buttons, a front zipper with two hook and loop closures, that fastens right over left, two rear pockets with button closures, and cuffed leg openings with a loop on each side, secured by a button.

In your ruling request, you requested the classification of Style 9038756. We are unable to classify this style without a sample. You may resubmit your request for a classification of this style, when a sample is available.

You have also recommended, in your request, classification of the submitted garments under HTS 6210.50.5039. However, upon examination, we have determined that the garments are not coated for the purposes of 6210.

We are returning your samples as you requested.

The applicable subheading for Style # 3518756 (pants) will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s trousers, of synthetic fibers, other, other, trousers and breeches, women’s. The duty rate will be 28.6% ad valorem.

The applicable subheading for Style #’s 7818604 & 73S179 (shorts), will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s shorts, of synthetic fibers, women’s. The duty rate will be 28.6% 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/.

The pants, Style 3518756, and the shorts, Styles 7818604 & 73S179 fall within textile category 648. 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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