N133778 N1 Ruling Active

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

Issued December 22, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6104.62.2006

Headings: 6104

GRI rules applied: GRI 3(b)

Product description

The submitted sample, style 307PX301L522, is a pair of women’s legging-styled pants constructed from 94 percent cotton and 6 percent spandex knit fabric. The pants feature an elasticized waistband and hemmed leg openings. The garment also features extensive embellishments of beads, rhinestones and sequins. The knit component imparts the essential character of the pants therefore the garment will be classified based upon GRI 3(b), which states that garments will be classified by the component which gives them their essential character. As such, the pants are classified under heading for 6104, HTS. HQ 088978, E82625 and 804186 noted. We are returning your sample.

CBP rationale

The applicable subheading will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousers…knitted or crocheted: Of cotton: Other: Trousers: Women’s: Containing 5 percent or more by weight of elastomeric yarn or rubber thread.

Full text

N133778 December 22, 2010 CLA-2-61:OT:RR:NC:TA:361 CATEGORY: CLASSIFICATION TARIFF NO.: 6104.62.2006 Mr. David R. McCauley BEBE Studio, Inc. 400 Valley Drive Brisbane, CA 94005 RE: The tariff classification of a pair of women’s pants from India Dear Mr. McCauley: In your letter dated November 18, 2010 you requested a classification ruling. The submitted sample, style 307PX301L522, is a pair of women’s legging-styled pants constructed from 94 percent cotton and 6 percent spandex knit fabric. The pants feature an elasticized waistband and hemmed leg openings. The garment also features extensive embellishments of beads, rhinestones and sequins. The knit component imparts the essential character of the pants therefore the garment will be classified based upon GRI 3(b), which states that garments will be classified by the component which gives them their essential character. As such, the pants are classified under heading for 6104, HTS.  HQ 088978, E82625 and 804186 noted. We are returning your sample. The applicable subheading will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousers…knitted or crocheted: Of cotton: Other: Trousers: Women’s: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The duty rate 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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