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NY N021611

January 31, 2008



TARIFF NO.: 6104.63.2006

Mr. Eric Flicker
Onwel California, Inc.
1143 E. Janis Street
Carson, CA 90746

RE: The tariff classification of a pair of women’s pants from the Commonwealth of the Northern Marianas

Dear Mr. Flicker:

In your letter dated January 4, 2008 you requested a classification ruling.

Style S0129 is a pair of women’s pants constructed from 90 percent nylon and 10 lycra spandex knit fabric. The pull on pants feature a wide elasticized waistband, bell bottoms and hemmed leg openings. The pants have a built in knit panty permanently attached to the waistband.

We are returning your sample as you requested.

The applicable subheading for style S0129 will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s trousers (other than swimwear): Knitted or crocheted: Of synthetic fibers: Other: Other: Trousers: Women’s: Containing 5 percent or more of elastomeric yarn or rubber thread. 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 S0129 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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