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NY F87199





June 7, 2000

CLA-2-62:EPI25 F87199

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Joana Huang
American Public Co., Inc.
485 7th Ave. Suite 800
New York, NY 10018

RE: The tariff classification of a pair of men’s pants from China or Hong Kong.

Dear Ms. Huang:

In your letter dated May 15, 2000, you requested a tariff classification ruling.

The garment, Style 378G1, is a pair of men’s pants constructed of 65% polyester, 35% cotton woven fabric stated to have a 600mm polyurethane coating for water resistance. The pants feature a front zipper opening secured by a snap button closure at the waistband, which has five belt loops. There are two slanted front zippered pockets below the waist, two flapped pockets secured with velcro-type fasteners on the thighs and one right rear zippered pocket located below the waist. The ankle cuffs have a drawstring tightening. The sample submitted for Customs examination will be returned to your under separate cover.

The coating on the trousers is not “visible”, as that term is defined in the tariff, therefore HTS 6210 does not apply.

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

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men’s trousers and breeches, of synthetic fibers. The rate of duty will be 28.6 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements, products of China and Hong Kong 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.

Sincerely,

Eugene P. Kerven
Service Port Director

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