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NY M81183

March 16, 2006

CLA-2-61:RR:NC:TA:361 M81183


TARIFF NO.: 6104.63.2011

Ms. Suzanne Reichert
Andrianna Papell
512 7th Avenue
New York, New York 10018

RE: The tariff classification of women’s knit pants from China.

Dear Ms. Reichert:

In your letter dated March 8, 2006, you requested a classification ruling.

Style 114110400 is a pair of women’s pull-on pants constructed of a 100% acrylic knitted fabric. The garment features a ribbed knit fabric covered elasticized waistband and leg openings with a self-start bottom.

You have suggested that style 114110400 be considered knit to shape and exempt from quota in accordance with Chapter 61, statistical note 6. That note states, in pertinent part: For the purposes of statistical reporting under heading 6110, the term "knit to shape" means Thus, in order to meet the requirements of the statistical note, the garment must first be classified in heading 6110. Because the garment is classified in heading 6104, the exemption for a non-quota item that you suggested is not applicable.

The applicable subheading for the garment will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’strousersknitted or crocheted: Of synthetic fibers. The duty rate will be 28.2 percent 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 garment falls within textile category designation 648. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Angela DeGaetano at 646-733-3054.


Robert B. Swierupski

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