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NY F84731




April 6, 2000

CLA-2-62:RR:NC:WA:357 F84731

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Ms. Anna Eng
Wearfirst Sportswear, Inc.
42 West 39th St.
New York, NY 10018

RE: The tariff classification of men’s trousers from China

Dear Ms. Eng:

In your letter dated March 22, 2000, you requested a classification ruling. A sample was submitted and is being returned.

The item in question, style M776, is a pair of full-length, unlined cargo pants with a shell fabric made from a woven 65% nylon/35% cotton fabric. The garment has a zippered fly, a left-over-right button closure at the waist, a permanently attached web belt with a plastic buckle, two side entry pockets, two back pockets with flaps, two bellows pockets with flaps on the upper part of the legs and bellows pockets with flaps below the knee. The pants may be converted to shorter pants by removing the lower leg segments, which are held on by a concealed, horizontal zipper in the vicinity of the knee.

According to your letter the garment has a 600mm polyurethane coating which renders it water resistant. A test report from a laboratory was attached in support of this claim.

The trousers are eligible for classification as water resistant. They have not been tested by the Customs laboratory, but may be subject to testing at the time of entry.

If the trousers pass the water resistance test specified in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for them will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ trousers or breeches of synthetic fibers: water resistant. The duty rate will be 7.3 percent ad valorem.

If the trousers do not pass the water resistance test the applicable subheading for them will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s trousers or breeches of synthetic fibers. The duty rate will be 28.6 percent ad valorem.

These trousers fall within textile category designation 647. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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