The tariff classification of three women’s garments from Canada. Dear Ms. Shibish:

NY J89715 November 12, 2003 CLA-2-61:RR:NC:WA:361 NY J89715 CATEGORY: Classification TARIFF NO.: 6104.62.2006; 6104.63.2006; 6104.63.2011 Ms. Susan Shibish, Logistics Coordinator Weekenders International 75 Frontenac Drive Markham, ON, Canada L3R 6H2 RE: The tariff classification of three women’s garments from Canada. Dear Ms. Shibish: In your letter dated October 7, 2003, you requested a classification ruling for three women’s garments. Style 226/227 is a pair of women’s pants constructed from 50 percent cotton, 50 percent polyester knit fabric. The ankle length pants have an elasticized waistband, side seam pockets, and hemmed leg openings. Style 234/235 is a pair of women’s pants constructed from 90 percent cotton, 10 percent spandex knit fabric. The capri length pants have an elasticized waistband and hemmed leg openings with side slits. Style 238/239 is a pair of women’s pants constructed from 48 percent viscose, 44 percent polyester, eight-percent spandex knit fabric. The ankle length pants have an elasticized waistband and hemmed leg openings. You have indicated in your letter that the fabric for style 226/227 is a blend of 50% polyester/50% cotton. Garments 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 of the subject garment. The applicable subheading for style 226/227 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…trousers…knitted or crocheted: Of synthetic fiber. The duty rate will be 28.4% ad valorem. The applicable subheading for style 234/235 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…trousers…knitted or crocheted: Of cotton: Containing five percent or more of elastomeric yarn. The duty rate will be 15.1% ad valorem. The applicable subheading for style 238/239 will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…trousers…knitted or crocheted: Of synthetic fiber: containing five percent or more of elastomeric yarn. The duty rate will be 28.4% ad valorem. Style 234/235 falls within textile category designation 348; styles 226/227 and 238/239 fall within textile category designation 648. Based upon international textile trade agreements garments from Canada are neither subject to quota nor to 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 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division