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NY G81570




September 14, 2000

CLA-2-62:RR:NC:WA:357 G81570

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4020

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a boy's pair of trousers from Hong Kong

Dear Ms. Monahan:

In your letter dated August 17, 2000, you requested a classification ruling.

The sample submitted, style number B45084V, is a boy's pair of trousers that is constructed of a shell composed of a woven 89% polyester/11% nylon fabric. In a phone conversation you indicated that the trousers have a polyurethane coating for water resistance.

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

The trousers have a fly front opening that is secured by a zipper and a one-button closure on the front portion of the waistband. The garment also has five belt loops surrounding the waistband, two slanted front pockets and two back pockets with flap closures below the waistband, a cargo pocket with a flap closure on the lower portion of each thigh and a tab with a "VELCRO"-type fastener at the bottom of each trouser leg. A "VELCRO" -type fastener secures each pocket on the trousers. The cargo pocket on the left thigh has a sewn-on label that features the "UB Unionbay" logo. On each trouser leg there is a zipper surrounding the knee area. An overlay strip of fabric covers the zippers. By unzipping each zipper, the lower portion of each leg can be detached allowing the trousers to be worn as a shorter garment.

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 6203.43.3500, which provides for other men's or boys' 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 6203.43.4020, which provides for other boys' trousers and breeches: of synthetic fibers: other. The duty rate will be 28.6 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed 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 trousers fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong 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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