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HQ 089952

November 6, 1991

CLA-2 CO:R:C:T 089952 CMR


TARIFF NO.: 6104.62.2010

Mr. Tommy Lai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N. W.
Suite 504
Washington, D.C. 20036

RE: Classification of knit garment for the lower torso and legs; Tights (6115) v. Trousers (6104); HK 114/91

Dear Mr. Lai:

This ruling is in response to your request of July 18, 1991, on behalf of New Hampton Inc., regarding the classification of a fine knit garment designed to cover the lower torso and legs. A sample garment, style 608, was received with your request.


The sample, which you refer to as style 608 [the label on the sample, however, indicates style K9714], is constructed of fine knit fabric consisting of 54 percent cotton, 36 percent polyester, and 5 percent spandex fibers. The garment has an elasticized self-fabric 3/4-inch waistband, a triangular-shaped gusset in the rear crotch area and hemmed leg bottoms which reach to the calf area. The garment is form-fitting and covers the lower torso and legs.


Is the submitted sample, style 608, classifiable as tights of heading 6115, HTSUSA, or as trousers of heading 6104, HTSUSA?


Customs has ruled on a similar garment in HRL 088454 of October 11, 1991. Additionally, a ruling is being issued to you under case number 089582 on a similar garment. The fiber
composition of the subject garment is different than the garments ruled on in the aforementioned rulings, but the classification analysis and result are the same.

For the reasons stated in HRL 089582, this garment is not classifiable as tights. The garment, style 608, is classified as women's trousers of heading 6104, HTSUSA.


The garment at issue, style 608, is classified as women's trousers of heading 6104.62.2010, HTSUSA. Garments classified in this heading are subject to duty at a rate of 16.7 percent ad valorem and fall within textile category 348.

Customs acknowledges that there has been some confusion regarding the classification of garments known as leggings. Much of the concern about the classification, however, revolves around the category designation.

Category designation is the responsibility of the Committee for the Implementation of Textile Agreements (CITA). On September 10, 1991, in an effort to clarify the scope of categories 359/659 with regard to tights contained therein, CITA issued a directive to the Commissioner of Customs to amend the definition of tights contained in the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88. This directive appeared in the September 16, 1991, issue of the Federal Register. Pursuant to the directive from CITA, Customs will apply the new guideline regarding tights to determine the proper textile category for goods exported to the United States on or after January 1, 1992.

Due to the apparent confusion regarding the classification of leggings, Customs will delay the effective date of this ruling until January 1, 1992. This action is taken pursuant to 19 CFR 177.9(3)(1). In addition, with the agreement of the Commerce Department and in accordance with the September 10, 1991, directive from CITA, Customs will accept category 359 visas for the entry which was the reason for your request, i.e., entry #23305324883.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we
suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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