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NY N026271




May 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006; 6104.63.2026

Ms. Yi Shu
Augusta Sportswear
425 Park West Drive
Grovetown, GA 30813

RE: The tariff classification of a pair of women’s and girl’s pants from Mexico.

Dear Ms. Shu:

In your letter dated April 9, 2008, you requested a tariff classification ruling.

The submitted sample, Style #728, is a pair of women’s pants constructed from 90% polyester and 10% spandex knit fabric. The pants feature a wide elasticized waistband, and long hemmed leg openings. You state that the garment will also be imported for girls under Style #729.

We are returning your sample as you requested.

The applicable subheading for the women’s pants, Style 728 will be 6104.63.2006, 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), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, women’s, containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.2% ad valorem.

The applicable subheading for the girl’s pants, Style 729 will be 6104.63.2026, 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), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, girl’s, other, containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.2% 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, Styles 728 and 729, 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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