The classification of a pair of women’s pants from Hong Kong.

NY G88746 April 27, 2001 CLA-2-62:RR:NC:WA:361 G88746 CATEGORY: Classification TARIFF NO.: 6204.63.3510 Ms. Karen Riggs Talbots 175 Beal Street Hingham, MA 02043 RE: The classification of a pair of women’s pants from Hong Kong. Dear Ms. Riggs: In your letter dated March 23, 2001, you requested a classification ruling. The submitted sample Style #15016314, is a pair of women’s pants constructed from 41% polyester, 38% wool, 13% acrylic, 6% silk, and 2% spandex. The pants feature a flat waistband with five belt loops, a fly zippered opening with a button closure that fastens left over right, and two front pockets. The garment also has two rear patch pockets and hemmed leg openings. As noted above, the trousers have a left over right closure. Chapter 62, note 8 states, in part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the trousers will be classified as a woman’s garment. We are returning your sample as you requested. The applicable subheading for the Pants, Style #15016314 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girl’s trousers, of synthetic fibers, other, other, other, trousers and breeches, women’s. The rate of duty will be 29.1% ad valorem. Style #15016314, (Pants) fall within textile category designation 648. Based on international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division