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NY G81502




October 5, 2000

CLA-2-62:RR:NC:WA:357 G81502

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510

Mr. Leonard W. Lesiak
Hoglund and Moyles, Inc.
P.O. Box 66373
O'Hare International Airport
Chicago, IL 60666

RE: The tariff classification of a woman's pair of ski pants from Taiwan

Dear Ms. Lesiak:

In your letter dated September 9, 2000, on behalf of Outdoor Gear, Inc., you requested a classification ruling.

The sample submitted, product code number 61455B, style "Schoeller's" WB-400, is a woman's pair of ski pants. In a phone conversation you indicated that the ski pants are constructed of a shell that is composed of one layer of a woven 88% nylon/12% Elastan (spandex) fabric on the outer surface and one layer of a knit 100% polyester fabric on the inner surface, with a polyacrylic waterproofing film in between. The knit polyester fabric inner layer is brushed on the upper portion of the garment extending from the waist to below the knee area. The lower portion of the knit inner layer is not brushed.

The ski pants have a fly front opening that is secured by a zipper closure and a tab with adjustable metal hook and eye fasteners on the front portion of the waistband. The garment has a plastic D-ring hanging from a textile loop on the front portion of the waistband, leg separations that are hemmed at the ankles with no tightening elements and inner stirrups composed of a mesh fabric.

In your letter you indicated that men's ski pants will also be imported. We cannot issue a classification for the men's ski pants without the submission of a sample for our examination.

The sample is being returned to you as you have requested.

This garment is eligible for classification as water resistant. If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6204.63.3000 which provides for other women's or girls' water resistant trousers or breeches: of synthetic fibers. The duty rate 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 6204.63.3510, which provides for other women's trousers and breeches: of synthetic fibers. The duty rate will be 29.3 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passes the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The ski pants fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints 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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