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NY A86213




August 23, 1996

CLA-2-62:K:TC:C7:I16 A86213

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000, 6204.63.3510

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

RE: The tariff classification of a woman's garment from China and/or Thailand.

Dear Mr. Wavra:

In your letter dated July 31, 1996, you requested a classification ruling.

Style T3675 has been submitted. Style T3675 is a woman's pair of pull-on trousers constructed from 100% nylon woven fabric which is coated on the inside with polyurethane. The lining of the trousers is constructed from 100% jersey knit cotton fabric. This garment features an elasticized waistband with a drawstring, elasticized cuffs and zippers at the leg bottoms and two side seam pockets. As you have requested, the sample garment is being returned. The trouser's coating is not separately visible and does not qualify for subheading 6210. If the imported item meets the requirements of Chapter 62, U.S. note 2, for water resistance the applicable subheading for the trousers will be 6204.63.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's or girls' . . . trousers . . . of synthetic fibers, other . . . other, water resistant trousers or breeches. The duty rate will be 7.5% ad valorem.

If the trousers do not meet the water resistance test of U.S. note 2, then the applicable subheading for style T3675 will be 6204.63.3510, HTSUS, which provides for women's or girls' . . . trousers . . . of synthetic fibers, other . . . other, women's. The duty rate will be 30% ad valorem.

Style T3675 falls within textile category designation 648. As a product of China and/or Thailand this merchandise is currently subject to visa and quota requirements based upon international textile trade agreements. The designated textile and apparel category 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 Part 177 of the Customs Regulations.

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,

Thomas Mattina

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