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NY G88670




July 3, 2001

CLA-2-61:RR:NC:TA:357 G88670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044

Ms. Kortney Whalen
Cabela’s, Inc.
One Cabela Drive
Sidney, Nebraska 69160

RE: The tariff classification of men’s bib pants from China

Dear Ms. Whalen:

In your letter dated March 8, 2001, you requested a classification ruling. A sample was submitted and is being returned as you requested. Our reply was delayed pending laboratory analysis of the sample.

The merchandise in question is described as a pants set, and specification sheets show two items; however only one style was received, style 930726. This item is a men’s insulated pant made from “MT050” shell fabric, which is a brushed warp knit polyester fabric with a visible plastic film on its inner surface, described as Dry Plus laminate. The garment has a lining described as a “100% polyester double knit impregnated with activated charcoal poly nonwoven backing.” The insulation is a 55% polyester/45% olefin Thinsulate Ultra 150gm nonwoven batting. The garment features a front zipper with a three-snap storm flap; zippered slant pockets at the waist; two-way zippers along the outside of each leg covered by a five-snap flap; a zippered pocket on the right rear; a partially elasticized waist; a high back bib; a low front bib; and elasticized suspenders with plastic buckles. Examination of the sample indicates that it does not provide substantial coverage of the chest; therefore, the item is considered trousers for tariff purposes.

Analysis by the Customs laboratory indicates that the shell fabric is not of pile construction.

The applicable subheading for the trousers will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, trousers, breeches and shorts, other than of cotton, men’s or boys’. The duty rate will be 7.2 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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