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NY 817281




December 29, 1995

CLA-2-62:RR:NC:WA:357 817281

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510

Ms. Susan Welbig
Nils, Inc.
11185 Condor Avenue
Fountain Valley, CA 92708-6103

RE: The tariff classification of a woman's pair of trousers from Hong Kong

Dear Ms. Welbig:

In your letter dated December 7, 1995, you requested a classification ruling.

The sample submitted, style number 3406, is a woman's pair of trousers constructed of a woven 55% nylon/45% polyester fabric which you state is coated on the inner surface with acrylic. The trousers are lined with a woven 100% nylon fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The trousers have a fly front opening that is secured by a zipper closure and a metal hook fastener on the waistband. The waistband is elasticized. Below the waistband there is a "D" ring hanging from a self-fabric loop. The "D" ring features the "Nils" trade name. Each trouser leg has an elasticized ankle cuff.

The garment is being returned to you.

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 6204.63.3000, which provides for other women's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem. The duty rate for 1996 will be 7.5 percent ad valorem.

If the trousers do not 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 6204.63.3510, which provides for other women's trousers or breeches, of synthetic fibers. The duty rate will be 30.2 percent ad valorem. The duty rate for 1996 will be 30 percent ad valorem.

The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong 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. 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 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 William Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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