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NY C82869




January 22, 1998

CLA-2-62:RR:NC:WA:357 C82869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

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

RE: The tariff classification of a man's pair of trousers with a removable back bib from China

Dear Mr. Taniguchi:

In your letter dated December 29, 1997, on behalf of High Sierra Sport Co., you requested a classification ruling.

The sample submitted, style number A4215, is a man's pair of trousers with a removable back bib. The garment is constructed of an outershell composed of a woven 100% nylon fabric which you state has a 600mm acrylic coating for water resistance. The trouser portion of the garment is lined with a 280 gram knit polyester micro-fleece fabric. The bib portion is lined with a woven 100% nylon fabric and has a non-woven polyester batting fill.

The garment has a fly front zipper opening which is secured by two snaps on the front waistband. The back portion of the waistband is approximately four inches in height, is curved in the center and covers the inner zipper that is for attaching the back bib to the trousers. The back bib is approximately 10 and 1/2 inches in height and has sewn-on elasticized suspenders. The suspenders are secured on the front portion of the waistband by plastic buckles and two inner self-fabric tabs with snap closures. The garment has two front zippered pockets below the waist and articulated knee patches. On the bottom of each trouser leg there is a nylon oxford scuff guard, a gripper elastic cuff and a zipper opening secured by a tab with a "VELCRO"-type fastener.

The sample is being returned to you.

If the garment passes 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 6203.43.3500, which provides for other men's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the garment does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The duty rate will be 29 percent ad valorem.

The garment falls within textile category designation 647. 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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