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NY 893425



JANUARY 5, 1994

CLA-2-62:S:N:N5:357 893425

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Constantin Brandstetter
Bogner of America, Inc.
Bogner Drive
P.O. Box 644
Newport, Vermont 05855-0644

RE: The tariff classification of a man's pair of stretch trousers from Costa Rica and other unspecified countries of the Caribbean Basin

Dear Mr. Brandstetter:

In your letter dated December 12, 1993. you requested a classification ruling.

The sample submitted, style number 1327 Justin, made of material 4369, color 026 black, is a man's pair of stretch trousers used for skiing. The garment is constructed of a 62% polyamide/ 34% wool/4% elasthan fabric which you state has been treated with "Scotchguard", a fluorocarbon water repellant agent.

The "Scotchguard" treatment on the fabric does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The garment has a fly front opening secured by a zipper and two metal hook and loop fasteners on the waistband. Below the waistband there are two zippered front pockets and a zippered right rear pocket. At the bottom of the trouser legs there is a zipper opening, stirrups and a leather overlay patch which has the trade name "BOGNER". Each zipper on the garment features a metal zipper pull in the form of the letter "B".

The sample is being returned to you.

The test report you submitted indicates that the garment passes the water resistance test, however the test did not confirm the fiber breakdown of the garment. The classification is based on the fiber content of 34% wool that you have indicated.

If the trousers 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 other than those containing 36% by weight of wool. The duty rate will be 7.6 percent ad valorem.

If the trousers 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 trousers fall within textile category designation 647. Based upon international textile trade agreements products of Costa Rica are not presently subject to quota restraints nor the requirement of a visa. If the garment is imported from other designated beneficiary countries for the purposes of the Caribbean Basin Economic Recovery Act they may be subject to quota restraints and the requirement of a visa, depending on the country.

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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