The tariff classification of a pair of women’s pants from Vietnam

N141043 January 20, 2011 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: CLASSIFICATION TARIFF NO.: 6104.63.2011 Ms. Regina White Pacific Alliance USA Inc 1359 Broadway 21st Floor New York, NY 10018 RE: The tariff classification of a pair of women’s pants from Vietnam Dear Ms. White: In your letter dated December 22, 2010 you requested a classification ruling. The submitted sample, Style FCFK5310, is a pair of women’s legging style pants constructed from 72 percent polyester, 24 percent rayon and 4 percent spandex knit fabric. The pants feature a wide elasticized waistband and hemmed leg openings. The pants have eight overlays along the side of the legs. These overlays are constructed from 100 percent polyurethane backed with 100 percent rayon. You question whether the garment would be classified under heading 3926 or 6104. Because the essential character of the pants is imparted by the knit fabric and not the overlays the garment is classified under heading 6104. We are returning your sample as requested. The applicable subheading will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousers…knitted or crocheted: Trousers: Of synthetic fibers: Other: Other: Trousers: Women’s: Other. 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/. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division