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NY D87159




February 2, 1999

CLA-2-62:LA:S:T:1:2:I23 D87159

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. P. J. Lalwani
Andrew Sportsclub, Inc.
1407 Broadway
New York, NY 10018

RE: The tariff classification of men=s pants from China

Dear Mr Lalwani:

In your letter dated January 20, 1999, you requested a tariff classification ruling.

The submitted samples, styles 7776N and 7777N are men=s pants constructed from 100% nylon woven fabric. You stated in your letter that the surface of the fabric is coated with plastic rendering the garment water resistant. Both styles are lined with 100% nylon fabric. Style 7776N has an elasticized waistband, a back pocket, full openings on both sides of the legs with snap closures and elasticized leg openings. Style 7777N has an elasticized waistband, side seam pockets with Velcro closures, 6-inch zippers on both sides of the elasticized leg openings.

Your samples will be returned as requested.

If the garments pass the water resistance test specified in Chapter 62, U.S. Note 2, the applicable subheading for the pants will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for men=s water resistant trousers and breeches of man-made fibers. The rate of duty will be 7.4% ad valorem.

If the garments do not pass the water resistance test, the applicable subheading for the pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men=s other pants of man-made fibers. The rate of duty will be 28.8% ad valorem.

The garments fall within textile category designation 647. As products of China, these pants are subject to a visa requirement and quota restraints based upon international textile trade agreements.

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. 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.

Sincerely,

Irene Jankov

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