CLA-2-61:OT:RR:NC:3:358

Ms. Melissa Stanczak
Ballet Makers, Inc.
1 Campus Road
Totowa, NJ 07512

RE: The tariff classification of girl’s pants from Vietnam.

Dear Ms. Stanczak:

In your letter dated December 3, 2007, you requested a tariff classification ruling. The submitted sample will be returned to you.

The sample, representing Style BD202CM (25 inch inseam) and Style BD202CL (27 inch inseam) is a pair of girl’s jazz pants constructed of 92% nylon, 8% spandex knit fabric. The pull-on style pants feature a rib knit elasticized waistband approximately 1½ inches wide and hemmed fabric at the leg openings.

The applicable subheading for Style BD202CM and Style BD202CL will be 6104.63.2026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: of synthetic fibers: other, trousers and breeches: girls’: other: containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.2 percent 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division