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NY N016565

September 28, 2007

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


TARIFF NO.: 6104.63.2011

Ms. Elsie Holler
Dash America, Inc.
D/B/A Pearl Izumi USA, Inc.
620 Compton Street
Broomfield, Colorado 80020

RE: The tariff classification of a pair of women’s pants from China

Dear Ms. Holler:

In your letter dated August 23, 2007 you requested a classification ruling.

Style 4362 is a pair of women’s pants constructed from knit and woven fabric. The upper front of the pants is described as 83 percent polyester and 17 percent polyurethane knit fabric. Examination of the fabric indicates that it has a visible coating on the inner surface that we assume is the polyurethane portion, and we further assume for purposes of this reply that the actual textile fiber content is 100 percent polyester. The upper back is constructed from 96 percent polyester and 4 percent lycra knit fabric. The pants feature an elasticized waist with an interior drawstring and two zippered side pockets with a mesh insert. Below the knee the garment is constructed from 100 percent polyester woven fabric with a mesh lining. The hemmed leg openings have two zippered side slits extending five inches from the bottom. The knitted fabric imparts the essential characteristic.

The applicable subheading for style 4362 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousersknitted or crocheted: Trousers: Of synthetic fibers: Other: Other: Trousers: Women’s: Other. The duty rate will be 28.2% 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 4362 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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

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