CLA-2-61:OT:RR:NC:N3:361

Laura Siegel R abinowitz
Sandler Travis & Rosenberg, P.A.
551 Fifth Avenue, Suite 1100
New York, NY 10176

RE: The tariff classification of a pair of women’s leggings from China

Dear Ms. Rabinowitz:

In your letter dated May 18, 2012, you requested a tariff classification ruling on behalf of your client J.J. Basics.

The submitted sample, style SCK15, is a pair of women’s style legging pants constructed from a nylon, polyester, spandex and metallic knit fabric. The pants feature an elasticized waist and hemmed leg openings.

On May 23, 2012 this office advised you that the sample was forwarded to the Customs Laboratory for analysis. The laboratory report has determined the submitted garment, style number SCK15, is constructed from four yarns: Two 2-ply nylon multifilament/elastomeric yarns (40.5% by weight); one 2-ply metalized yarn (35.9% by weight); and one 1-ply nylon multifilament yarn (23.6% by weight).

We are returning your sample as you requested.

In your letter you question whether style number SCK15 would be classified under 6104.69.8026. Based upon the laboratory findings, the applicable subheading will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousers…knitted or crocheted: Trousers: Of synthetic fibers: Other: Other: Women’s: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. 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,

Thomas J. Russo
Director
National Commodity Specialist Division