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NY N016272

September 21, 2007



TARIFF NO.: 6204.63.3510

Ms. Macie Cooper
Samuel Shapiro & Company, Inc.
100 N. Charles St., Suite 1200
Baltimore, MD 21201

RE: The tariff classification of a pair of women’s woven trousers from China.

Dear Ms. Cooper:

In your letter dated August 22, 2007, on behalf of your client Ulla Popken, Ltd., you requested a tariff classification ruling.

The submitted sample, Style #75703, is a pair of women’s trousers constructed from 97% polyester, and 3% spandex woven fabric. The garment features a partial elasticized rear waistband with five belt loops, a front zipper with a one-button closure that fastens right over left, two front pockets with zipper closures, wide legs with pleats at the front of each leg panel, and hemmed leg openings. Although the legs are wide, the leg separation is apparent when viewed from the front.

In your request, you recommended classification of the garment under subheading 6204.53.3010. Based on an examination, the sample is considered pants. Therefore, the submitted garment cannot be classified in the subheading you suggested, as that subheading covers skirts. Instead, the appropriate subheading is 6204.63.3510, which covers pants.

We are returning your sample as you requested.

The applicable subheading for Style #75703 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s trousers, of synthetic fibers, other, other, trousers and breeches, women’s. The duty rate will be 28.6% 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 pants, Style 75703, fall within textile category 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Peggy Fitzgerald at 646-733-3052.


Robert B. Swierupski
National Commodity

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