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NY B83317




April 8, 1997

CLA-2-62:A:G01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3530

Ms. Judy Miller
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-4318

RE: The tariff classification of girls' pants from Indonesia

Dear Ms. Miller:

In your letter dated March 13, 1997 you requested a tariff classification ruling.

The submitted samples, styles 216 and 227, are identical girls' windpants except for their size range. Style 216 and 227 are pull-on pants made of 100 percent nylon shell fabric coated with 600 mm of PU, have a 65 percent polyester 35 percent cotton knit jersey lining, an elasticized waist, two side pockets, and zippered elasticized cuffs. Style 216 will be imported in girls' sizes 7-14,and 16. Style 227 will be imported in girls' sizes 4-6X.

If the windpants pass the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the trousers will be 6204.63.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' trousers...of synthetic fibers, ...water resistant trousers or breeches. The duty rate will be 7.4% ad valorem.

If the windpants do not pass the water resistance test as specified in HSTUSA Chapter 62, Additional U.S. Note 2, then the applicable subheading for the trousers will be 6204.63.3530, Harmonized Tariff Schedule of the United States (HTS), which provides for girls' trousers...of synthetic fibers, ..., trousers and breeches, girls', other. The duty rate will be 29.9% ad valorem.

The windpants fall within textile category designation 648. Based upon international textile trade agreements, products of Indonesia are subject to quota 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 Part 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.

Sincerely,

John J. Deegan
Port Director

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