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February 22, 1999

CLA-2-62:RR:NC:3:355 D88170

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Mr. Kevin Maher
C-Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of woven cotton trousers from India.

Dear Mr. Maher:

In your letter dated February 12, 1999 you requested a tariff classification ruling on behalf of your client, RCJM Apparel.

The sample submitted, style No.6B941, is a pair of men’s woven cotton trousers. It has a fully elasticized enclosed waistband, a functional drawstring and hemmed leg bottoms. It has a rear pocket, two side seam pockets and a button through flapped bellows cargo pocket on each leg sleeve. The garment lacks a fly.

The presence of cargo pockets indicates that the garment is not designed principally for use as sleepwear. Further, Headquarters Ruliing Letter 960432, dated August 22, 1997, stated”..., even for those garments that lack both the fly and the side seam pockets, we find the absence of the fly on these bottoms indicative of a multi-purpose garment.”

The applicable subheading for the sample submitted will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s woven cotton trousers. The duty rate will be 17.2% ad valorem.

The sample submitted falls within textile category designation 347. Based upon international textile trade agreements products of India are subject to quota restrictions 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 Gerard Shea at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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