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NY M85417

August 15, 2006

CLA-2-61:RR:NC:WA:361 NY M85417


TARIFF NO.: 6204.53.3010

Ms. Carol Robertson, Customs Administration Specialist Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of woman’s divided skirt from Hong Kong.

Dear Ms. Robertson:

In your letter dated July 18, 2006, you requested a classification ruling for a woman’s woven skirt on behalf of Nygard International Partnership. The submitted sample will be returned to you, as requested.

Style S531 13225 is a woman’s divided skirt constructed from 63 percent polyester, 32 percent rayon and 5 percent spandex woven fabric. The pull-on skirt extends to the mid thigh and has an elasticized waistband and hemmed legs. The leg separation is not apparent when the garment is viewed from the front.

In your request, you recommended classification the garment under subheading 6104.63.2011. Based on an examination of the fabric of the submitted garment, it is of a woven construction. Therefore, the submitted garment cannot be classified in the subheading you suggested, as that subheading covers knitted garments. Instead, the appropriate heading is 6204, for women’s woven garments. Further, you referred to the garment as pants. Because the leg separation is not apparent when the garment is viewed from the front, it is, instead, considered a divided skirt.

The applicable subheading for style S531 13225 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sdivided skirts: Of synthetic fibers. The duty rate will be 16% 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/.

Style S531 13225 falls within textile category designation 642. 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 De Gaetano at 646-733-3052.


Robert B. Swierupski

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