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NY D81904




September 28, 1998

CLA-2-61:RR:NC:TA:N5:356 D81904

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1540

Ms. Judy Piccirillo
Toys "R" Us Traffic Dept.
461 From Road
Paramus, NJ 07652

RE: The tariff classification of boys' knit pants from Malaysia.

Dear Ms. Piccirillo:

This letter replaces NY C89673 dated July 21, 1998, which contained an incorrect style number. The correct style numbers and size ranges are shown below.

Style 41-12205A9 (sizes 8-16) is a pair of boys' pants constructed from 100 percent polyester, finely knit mesh fabric. The pants feature a fabric covered, tunnel elastic waistband with a drawsting; two side seam pockets; side ankle zippers; and covered elastic at the leg openings.

You state that Style 40-12205B9 is the same as Style 41-12205A9 but is in boys' sizes 4-7X.

The applicable subheading for Styles 41-12205A9 and 40-12205B9 will be 6103.43.1540, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts, (other than swimwear), knitted or crocheted: of synthetic fibers: other: trousers and breeches: boys': other. The duty rate will be 29.3 percent ad valorem.

Styles 41-12205A9 and 40-12205B9 fall within textile category designation 647. Based upon international textile trade agreements, products of Malaysia are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski

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