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NY 864374


July 02, 1991

CLA-2-62:S:N:N3I:357 864374

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Patrick Leung
Fera International Corp.
3521 Challenger Street
Torrance, California 90503

RE: The tariff classification of men's low-rise bib pants from Singapore

Dear Mr. Leung:

In your letter dated June 12, 1991, you requested a classification ruling.

The sample submitted, style number 12303 Alpha Pants, is a pair of men's stretch, low-rise bib pants consisting of a woven outer layer with a rubber or plastics application on its underside cemented to a knitted fabric with a loop pile construction. The garment is composed of 50% nylon/35%cotton/10% polyacrylic/5% lycra. The lower portion of each leg is composed of a woven 100% nylon fabric with an "Entrant" coating on the back. The nylon fabric extends approximately 14 inches in length to the bottom of the leg.

The essential character is imparted by the woven outer water resistant fabric.

The garment has a fly front opening secured by a zipper and two metal hook fasteners on the waist. There is a horizontal zippered right pocket below the waist. The ankle cuffs have a half circle leather patch and are elasticized with a nine inch zipper opening secured by a snap tab. Stirrups are featured on the inner portion of the ankle.

The sample is being returned to you.

If the low-rise bib pants pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

If the low-rise bib pants do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The garment falls within textile category designation 647. Based upon international textile trade agreements products of Singapore are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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