The classification of women’s trousers from Hong Kong – correction to ruling G87565.

NY G89801 April 11, 2001 CLA-2-61:RR:NC:WA:361 G89801 CATEGORY: Classification TARIFF NO.: 6204.63.2510 Ms. Jennifer M. Horner Talbots 175 Beal Street Hingham, MA 02043 RE: The classification of women’s trousers from Hong Kong – correction to ruling G87565. Dear Ms. Horner: This ruling replaces our original ruling G87565 issued to you on March 20, 2001. You have requested a correction due to a change in the fiber content. In your letter dated February 20, 2001, you requested a classification ruling for women’s trousers. The sample was returned in conjunction with the original ruling. Style 14016353 is a pair of women’s woven trousers constructed from 36% wool, 34% polyester, 26% viscose, and 4% other fibers. The trousers have a waistband with five belt loops; a button closure in the waitband with a left-over-right closure; a front zipper; two side pockets; one rear pocket; and hemmed leg openings with a one-inch side slit. 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 front 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. You have indicated that the fabric blend contains 36% wool. Trousers classified in this subheading which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content may affect the classification, rate of duty and the textile category designation of the trousers. The applicable subheading for style 14016353 will be 6204.63.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…trousers: Of synthetic fibers: Containing 36% or more by weight of wool or fine animal hair. The rate of duty will be 14.6 percent ad valorem. Style 14016353 falls within textile category designation 448. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. 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