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NY B86203




June 19, 1997

CLA-2-61:62:RR:NC:TA:3:358 B86203

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6204.63.3000

Mr. William A. Vollmerhausen
Supervisor, Customs Compliance
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a girl's knit pullover and woven pants from Hong Kong.

Dear Mr. Vollmerhausen:

We refer to ruling letter PD B81375, which was issued to you from the District of Dallas on February 13, 1997.

In your initial letter to us, dated January 28, 1997, you requested a binding ruling for a girl's knit pullover, Style #1485, and a pair of girl's nylon woven windpants, Style #3485. In a subsequent telephone conversation during the week of June 16th, you informed us that your original letter did not indicate that the nylon windpants contained a 600mm polyurethane coating, which would have rendered the garment water resistant.

In light of this additional information, the windpants, Style #3485, should be classified in 6204.63.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts:of synthetic fibers:other, other:water resistant trousers or breeches. The rate of duty will be 7.4% ad valorem.

The windpants fall within textile category designation 648. Based upon textile trade agreements, products of Hong Kong are presently subject to quota restraints and visa requirements.

All other information remains the same.

We are returning your samples as you requested.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Copies of this supplemental ruling are being provided to all ports where entry of this merchandise will be made. A copy of this letter should be given to your broker and all members of your staff who are involved with clearing merchandise through Customs.

If you have any questions pertaining to this matter, please contact National Import Specialist Bruce Kirschner at (212) 466-5865.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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