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NY B84129




April 28, 1997

CLA-2-62:RR:NC:WA:357 B84129

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030; 4202.92.3030

Ms. Nina Saguil
The North Face, Inc.
2013 Farallon Drive
San Leandro, California 94577

RE: The tariff classification of a man's pair of ski pants and a waistbag from China; Ultrex coating

Dear Ms. Saguil:

In your letter dated April 4, 1997, you requested a classification ruling.

The sample submitted, style number 87751, "Gunbarrel Bib", is a man's pair of trousers intended to be worn principally for skiing. The trousers are constructed of a woven outershell composed of a 100% nylon fabric visibly coated on the inner surface with Ultrex. The garment has reinforced knee panels composed of a "Cordura Supplex" woven fabric, edge guards composed of a 1000D "Cordura" woven fabric and inserts composed of a waterproof stretch knit fabric located on the back portion of the knees. The garment is lined on the body with a woven 100% nylon fabric and on the seat with a knit 100% polyester fabric.

The trousers have a fly front zipper opening and two full side seam zipper openings which extend along the length of each trouser leg. The fly zipper is secured on the front portion of the waistband by a snap and a tab with a "VELCRO"-type fastener. The double pull side zippers are secured by a tab with a "VELCRO"-type fastener on each side of the waistband, seven "VELCRO"-type fasteners along the length of each trouser leg and a snap closure at the bottom cuff. Also at the bottom of each trouser leg there is an inner boot powder cuff with a "VELCRO"-type fastener and a snap closure and an outer boot adjustment strap on the ankle cuff. Below the garment's waistband there is a D-ring which can be used for a ticket or glove attachment, two zippered front pockets covered by storm flaps with "VELCRO"-type fasteners, a snap tab located inside the right front pocket which can be used for keys and a zippered right rear pocket.

At the top of the garment's waistband there are elasticized suspender straps with a detachable nylon fabric pouch on the front. The pouch is held to the garment by plastic buckles. When the pouch is detached from the garment it can be unzippered, turned inside out and worn as a waistbag. The waistbag is secured around the waist by two attached straps with a plastic buckle. In this configuration the suspender straps fasten at the waist of the trousers.

The waistbag does not meet the requirements of a composite good and if imported with the pair of trousers it will be classified separately.

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the waistbag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags: of man-made textile materials: other. The duty rate will be 19.3 percent ad valorem.

The trousers fall within textile category designation 647. The waistbag falls within textile category designation 670. Based upon international textile trade agreements products of China 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 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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