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NY N021191




January 25, 2008

CLA-2-61:OT:RR: NC: TA: 361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.69.2030, 6110.30.3059

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of four women’s garments from China

Dear Mr. Mulvihill:

In your letter dated December 19, 2007 you requested a classification ruling on behalf of your client Tribal Sportswear of Montreal.

Style 5650o-928 is a pair of women’s pants constructed from 68 percent rayon, 27 percent nylon and 5 percent spandex knit fabric. The pants feature a wide waistband with five belt loops and a button and two hook and bar closures, two back pockets, two front slant pockets with zipper closures, a fly opening with a right over left zipper closure, a sewn down crease and hemmed leg openings with side slits.

Style 5647o-928 is a pair of women’s pants constructed from 68 percent rayon, 27 percent nylon and 5 percent spandex knit fabric. The pants feature a wide waistband with a button and two hook and bar closures, a fly opening with a right over left zipper closure, a sewn down crease, and hemmed leg openings with elastic stirrups.

Style 5683o-928 is a pair of women’s pants constructed from 68 percent rayon, 27 percent nylon and 5 percent spandex knit fabric. The pants feature a wide waistband, a 1 ½ inch long zipper closure on the left side of the waistband and hemmed leg openings.

Style 5703o-998 is a women’s pullover constructed of a finely knitted 90% polyester 10% spandex fabric with a metallic print and flock that has been glued on the outer surface of the fabric in a web like design. The pullover features a modified square front neckline, long hemmed sleeves, and a straight hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for styles 5650o-928, 5647o-928 and 5683o-928 will be 6104.69.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousersknitted or crocheted: Of other textile materials: Of artificial fibers: Trousers: Women’s: Other. The duty rate will be 28.2% ad valorem.

   The applicable subheading for style 5703o-998 will be 6110.30.3059, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 32% 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 5650o-928, 5647o-928 and 5683o-928 fall within textile category 648. Style 5703o-998 falls within textile category 639. 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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