N096775 N0 Ruling Active

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

Issued March 24, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6104.62.2006

Headings: 6104

Product description

The submitted sample, Style #EZ061, is a pair of women’s pants constructed from 55% cotton, 35% polyester, and 10% spandex jersey knit fabric. The pull-on pants feature a flat elasticized waistband, and hemmed flared leg openings.

CBP rationale

The applicable subheading for the women’s pants, Style EX061, will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, trousers bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, containing 5 percent or more by weight of elastomeric yarn or rubber thread.

Full text

N096775 March 24, 2010 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: Classification TARIFF NO.: 6104.62.2006 Ms. Tammy L. Reagan Top Apparel dba One Stop 2686 Northridge Drive NW Grand Rapids, MI 49544 RE: The tariff classification of a pair of women’s knit pants from Pakistan. Dear Ms. Reagan: In your letter dated March 8, 2010, you requested a tariff classification ruling. The submitted sample, Style #EZ061, is a pair of women’s pants constructed from 55% cotton, 35% polyester, and 10% spandex jersey knit fabric. The pull-on pants feature a flat elasticized waistband, and hemmed flared leg openings. You state that the garment will be imported in women’s sizes XS-2X and petite and tall sizes. You suggest classification under 6104.62.1020 as bib overalls. However, the garment does not have a bib. Therefore, the garment is classifiable as a pair of pants. Your sample is being returned. The applicable subheading for the women’s pants, Style EX061, will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, trousers bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 14.9% 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

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