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NY J81642

July 3, 2003

CLA-2-61:RR:NC:WA:361 NY J81642


TARIFF NO.: 6104.63.2011

Ms. Edith Hu
Apex Customs Brokerage
235 E. Broadway, Suite 514
Long Beach, CA 90802

RE: The tariff classification of a pair of ski pants for women from China.

Dear Ms. Hu:

In your letter dated February 26, 2003, you requested a classification ruling on behalf of Fera International Corp. The sample cannot be returned as it was used for a laboratory analysis.

The submitted sample is a pair of ski pants, style 21305 for women made from a bonded material. The outer surface of the fabric is 91 percent nylon, 9 percent polyurethane woven fabric. It is bonded to an inner layer of weft knit pile fabric. In our telephone conversation of June 30, 2003, you indicated that this fabric was 100 percent polyester. The pants have a waistband that extends a short distance above the natural waist; and shoulder straps.

Classification of laminated fabric containing knit pile is discussed in note 1 (c) to Chapter 60: Note 1(c)
This chapter does not cover:
(c) knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, covered or laminated, remain classified in heading 6001.

Based on the requirements of this note, the fabric of the pants is considered knit, of chapter 60. The pants, therefore, will be classified in chapter 61. They cannot be classified in heading 6113. Heading 6113 requires that the fabric be classified in either heading 5903, 5906 or 5907. Since the fabric is classified in chapter 60, heading 6113 does not apply. The garment is considered to be pants, since the front rise extends only a short distance above the natural waist, therefore, the garment will be classified in heading 6104, as trousers.

The applicable subheading for the submitted pants will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’strousersknitted or crocheted: Of synthetic fibers. The duty rate will be 28.4 percent ad valorem.

The pants fall within textile category designation 648. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be effected and should also be verified at the time of shipment.

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 De Gaetano at 646-733-3052.


Robert B. Swierupski

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