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NY F84841





May 1, 2000

CLA-2-62:RR:NC:TA:357 F84841

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Charles Santarelli
Mersant International LTD.
158-12 Rockaway Blvd.
Jamaica, NY 11434-4840

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

Dear Mr. Santarelli:

In your letter dated March 22, 2000, on behalf of Dayton Industries, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style OP7 0905486, “Pilot Pant,” is a men’s pair of unlined trousers made from a woven nylon taffeta fabric coated on the inner surface with polyurethane for water resistance. The coating on the fabric is not visible as that term is used in the tariff. The garment has hemmed bottoms without tightening elements, a half-elasticized waistband with the balance secured by an elasticized drawcord, a twelve-inch zipper on each leg extending up from the bottom, side seam pockets and a pocket on each leg.

The trousers are eligible for classification as water resistant.

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 Thailand 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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