CLA-2-61:OT:RR:NC:N3:361
Mr. Kevin Maher
C-Air Customhouse Brokers
181 S. Franklin Avenue
Valley Stream, NY 11581
RE: The tariff classification of women’s knit pants from China
Dear Mr. Maher:
In your undated letter, received in the office January 15, 2015, you requested a tariff classification ruling on behalf of your client, Overseas Direct Import Company. Your sample will be returned.
Style 1001 is a pair of tight-fitting woman’s pants constructed from 95% polyester and 5% spandex knit fabric. The pull-on pants feature a wide elasticized waistband and hemmed leg openings. The garment extends from the waist to the ankles.
In your letter, you refer to style 1001 as leggings and recommend classification of the garment in heading 6115, Harmonized Tariff Schedule of the United States (HTSUS), because of the tight fit to the body. However, tights are accessories constructed from finely knit fabric and intended to be worn in a manner similar to hosiery. Based upon the construction of the garment, it is similar to legging-styled pants and will not be classified under heading 6115 as tights, but in heading 6104 as trousers.
The applicable subheading for style 1001 will be 6104.63.2006, HTSUS, which provides for women’s or girls’ trousers, knitted or crocheted, of synthetic fibers, other, other, trousers and breeches, women’s. The rate of duty 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 the 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 Kimberly Rackett at [email protected]
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division