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NY D84020




November 9, 1998

CLA-2-62:RR:NC:WA:357 D84020

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510

Ms. Susan Cass
NILS, Inc.
11185 Condor Avenue
Fountain Valley, CA 92708-6103

RE: The tariff classification of two pairs of women's trousers from Hong Kong

Dear Ms. Cass:

In your letter received in this office on October 23, 1998, you requested a classification ruling.

Two samples were submitted: Style numbers 3928 and 3978 are two pairs of women's stretch pants used for skiing. In a phone conversation you indicated that each garment is constructed of a three-ply fabric composed of a woven outer layer of 81% nylon/19% elastic fabric, a knit inner layer of 77% polyester/18% nylon/5% elastic fabric, and a polyacrylic coating in between.

In your letter you indicate that style numbers 3928 and 3978 are the style numbers used for the garments in the 1998 season and that the same garments will be imported from Hong Kong in 1999 using style numbers 3929 and 3979.

Style number 3928 has a fly front zipper opening which is secured by three metal hook and loop fasteners on the front waistband. The garment's waistband is cut straight across in the front and round and higher in the back. Below the waistband there is a front pocket secured by a zipper closure on the right side and a metal tag hanging from a textile loop on the left side. The metal tag features the NILS tradename. At the bottom of each trouser leg there is a stirrup which is composed of a mesh fabric.

Style number 3978 has a fly front zipper opening which is secured by two metal hook and loop fasteners on the front portion of the waistband. The garment's waistband is cut straight across in the front and is round and higher in the back. On the left side of the waistband there is a metal tag which features the NILS tradename hanging from a textile loop. At the bottom of each trouser leg there is a zipper opening and an inner storm cuff with elastic tightening.

The three-ply fabric that each garment is composed of has a center layer of polyacrylic surrounded by two layers of fabric. For garments assembled in layers to be classified in the provisions for garments made up of coated, filled or laminated fabrics, the coating must be visible to the naked eye in cross section. Examination of these samples indicates that this requirement is not met. Therefore, styles 3928 and 3978 are classifiable in HTS heading 6204.

The samples are being returned to you.

If each pair of trousers 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 garments will be 6204.63.3000, which provides for other women's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If each pair of trousers does not pass the water resistance test, then the applicable HTS subheading for the garments 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.

Each garment falls within textile category designation 648. Based upon international textile trade agreements products of Hong Kong 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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