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NY C89672




July 8, 1998

CLA-2-61:SF:G03 C89672

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1540

Judy Piccirillo
Toys "R" Us Traffic Department
461 From Road
Paramus, NJ 07628

RE: The tariff classification of boys' pants from Malaysia

Dear Ms. Piccirillo:

In your letter dated June 25, 1998 you requested a tariff classification ruling.

Style 40-2205B9 is a pair of pull-on pants made from two layers of a warp knit fabric which you state is 100% spun polyester. These pants have an covered elasticized waistband and ankle cuffs. There is a short zipper on each outer seam at the ankle and each side seam has a pocket. You have indicated that this style will be imported in boys' sizes 4 to 7X.

The applicable subheading for 40-2205B9 will be 6103.43.1540, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Trousers, breeches and shorts: Other: Trousers and breeches: Boys': Other. The rate of duty will be 29.3 percent ad valorem.

These pants fall within textile category designation 647. Based upon international textile trade agreements, products of Malaysia are subject to quota 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.

Sincerely,

Alice M. Rigdon,
Port Director

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