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NY 807777



April 6, 1995

CLA-2-62:S:N:N5:357 807777

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Brian Wavra
Rainfair, Inc.
Box 1647
Racine, Wis. 53401

RE: The tariff classification of a man's pair of trousers from China; Unisex v. Men's

Dear Mr. Wavra:

In your letter dated February 21, 1995, you requested a classification ruling.

The sample submitted, style number 1900-8192, is a pair of trousers constructed of a shell composed of a woven 100% nylon fabric which has a 1500mm visible polyurethane coating on the inner surface.

The trousers have an elasticized waistband with a drawcord tightening. There are two open slits below the waist that can be used by the wearer for easy access into inner garments. The slits have a one snap closure. The ankle cuffs are elasticized and have snap closures.

According to a sizing chart and catalog depiction of the garment submitted with your inquiry in support of classification as unisex, the garment is sold to both men and women. However, the garment appears to be made to men's sizing specifications with the only accommodation to women being the availability of a size XS. As such, this garment is still regarded as men's.

The sample is being returned to you as you have requested.

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 5907: Other men's or boys' garments: Of man-made fibers: Other, Trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of China 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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