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NY C82868




January 23, 1998

CLA-2-62:RR:NC:WA:357 C82868

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510

Mr. Kevin Taniguchi
Tower Group International
821 2nd Avenue #1400
Seattle, WA 98103

RE: The tariff classification of a woman's pair of trousers with suspenders from China

Dear Mr. Taniguchi:

In your letter dated December 12, 1997, on behalf of High Sierra Sport Company, you requested a classification ruling.

The sample submitted, style number A2219, is a woman's pair of trousers constructed of an outershell composed of a woven 100% nylon fabric. In a fax you submitted you stated that the garment is coated with 600mm acrylic for water resistance. The garment is lined with a knit 280 gram micro-fleece fabric.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The garment has an elasticized waistband and a fly front zipper opening secured by a tab with two snap closures. There is an extension of fabric above the garment's waistband on both the front and back panels which does not extend six inches above the natural waistline. Attached to the top of the extended fabric are elasticized suspenders. The suspenders criss-cross in the back and can be adjusted in the front by plastic buckles. Below the waistband there is a self-fabric loop with a plastic "D" ring and two front pockets with zipper closures. Each trouser leg has an "articulated knee" dart, an abrasion resistant scuff guard and gripper elastic on the inner cuff.

The sample is being returned to you.

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

If the trousers does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The trousers fall within textile category designation 648. 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,

Robert B. Swierupski
Director,

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