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NY K82547




February 23, 2004
CLA-2-62:RR:NC:WA:361 NY K82547

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6204.62.4055

Ms. Karen Riggs
Talbots
174 Beal Street
Hingham, MA 02043

RE: The tariff classification of a pair of women’s woven shorts and pants from Malaysia and Indonesia.

Dear Ms. Riggs:

In your letter dated January 16, 2004, you requested a tariff classification ruling for two samples.

The submitted samples are described as follows:

Style #44017116 - a pair of women’s shorts constructed from 97% cotton, and 3% spandex woven denim twill fabric. The garment features a flat waistband with six belt loops, a front zipper with a right over left two-button closure, three front pockets, two rear pockets with button closures, and hemmed leg openings. The trousers will be imported and sold with a self-fabric textile belt metal adjustable buckle.

Style #41016136P - a pair of women’s pants constructed from 98% cotton, and 2% spandex woven poplin fabric. The garment features a flat waistband with seven belt loops, a front zipper with a two-button closure, two front pockets, two rear pockets, and hemmed leg openings. The pants will be imported and sold with a self-fabric textile belt with a buckle closure.

The shorts and belt (Style 44017116) and the pants and belt (Style 41016136P) are considered to be composite goods, under the General Rules of Interpretation (GRI) 3(b). As such, they are classified as a unit under one tariff number, and one quota category number is applied to the shorts and belt, and one category number is applied to the pants and belt.

We are returning your samples as you requested.

The applicable subheading for the shorts and belt, Style 44017116 will be 6204.62.4055 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, other, shorts, of cotton, other, shorts, women’s. The duty rate will be 16.6 % ad valorem.

The shorts and belt, Style 44017116 fall within textile category designation 348. Based upon international textile trade agreements this category from Indonesia is subject to the quota restraints and visa requirements.

The applicable subheading for the pants and belt, Style 41016136P will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), 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 cotton, other, other, women’s. The rate of duty will be 16.6% ad valorem.

The pants and belt, Style 41016136P fall within textile category designation 348. Based upon international textile trade agreements this category from Malaysia is subject to quota restraints and visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 affected 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.

Sincerely,

Robert B. Swierupski
Director,

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