New without tags. I purchased these from the Apiece Apart sample sale in New York but never wore them. I realized I'm not a red pants person. There are no size tags but my guess is it's a size small. The fabric is like a thicker knit and offers a hugged in feel. Approximate measurements: 13" waist unstretched, 17" stretched. I have a 30" waist and these fit comfortably. Description from the Apiece Apart website: The pair we're wearing on repeat, designed with a cool kick flare Crafted from a comfortable blend of viscose and recycled nylon for structure and stretch 70% Viscose, 30% GRS Recycled Nylon Made in China Elastic waistband, center front and back seam detail, kick flare Dry clean only Inseam: 26 3/4” Size S front rise: 10 1/2" Runs large, we suggest sizing down