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NY B85100





May 29, 1997

CLA-2-62-CL:FO:CB:I20

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500, 6203.43.4010

Ms. Catherine F. Winfrey
Fritz Companies, Inc.
3327 N. 7th St. Trafficway
Kansas City, KS 66115

RE: The tariff classification of a pair of men's woven trousers to be manufactured in Myanmar

Dear Ms. Winfrey:

In your letter dated April 28, 1997, you requested a tariff classification ruling on behalf of Design Resources, Inc., of Overland Park, Kansas.

The submitted sample, designated style number L3600, is a pair of men's trousers manufactured from a 100% nylon woven fabric said to have been treated with an application of polyurethane sufficient to convey the quality of water resistance.

The garment features a fully elasticized waistband through which has been threaded a tunnel drawstring, two side seam pockets, zippered side vents extending eleven inches upwards from the bottoms of the legs, and elasticized cuffs.

If the garment passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under HTS subheading 6203.43.3500, which provides for other men's or boys' water resistant trousers and breeches, of synthetic fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the garment does not pass the water resistance test, the garment would be classifiable under HTS subheading 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The applicable rate of duty would be 29.2%, ad valorem.

In either case, the garment would fall within textile category designation 647. Based on international textile trade agreements, products of Myanmar are subject to quota.

The designated textile and apparel category may be subdivided into parts. If so, 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.

The sample is being returned to you, as requested.

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 M. Regan
Service Port Director

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