The tariff classification of a pair of women’s knit pants from Macau.

NY I83507 August 7, 2002 CLA-2-61:RR:NC:WA:361 I83507 CATEGORY: Classification TARIFF NO.: 6104.62.2006 Ms. Nancy Argenziano Delia’s 435 Hudson Street New York, NY 10014 RE: The tariff classification of a pair of women’s knit pants from Macau. Dear Ms. Argenziano: In your letter dated July 8, 2002, you requested a tariff classification ruling. The submitted sample, Style #BTSO2PJ2, is a pair of women’s pants. The pull-on pants are constructed from 95% cotton, 5% spandex knit fabric and feature an elasticized waistband with a front lace-up drawstring, and hemmed leg openings. You have indicated in your letter that the garment is a pair of pajama pants. Based on appearance, Style #BTSO2PJ2 is not considered sleepwear. . We are returning your sample as you requested. The applicable subheading for Style #BTSO2PJ2 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, knitted or crocheted, of cotton, trousers and breeches, women’s containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 15.3% ad valorem. Style #BTSO2PJ2, falls within textile category designation 348. Based upon international textile trade agreements this category, from Macau is subject to quota restraints and visa requirements. 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 DeGaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division