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NY H80922




May 31, 2001

CLA-2-62:RR:NC:3:353 H80922

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.7000, 6113.00.1012

Mr. Patrick Pascarella
Viking Sea Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of men’s coated pants from Hong Kong.

Dear Mr. Pascarella:

In your letter dated April 29, 2001, on behalf of Presidio Int’l., you requested a tariff classification ruling.

Two samples of men’s pants were submitted with your request. Style X6P803 is 100% cotton woven fabric coated on the outer surface with polyvinyl chloride and polyurethane compact plastic material that completely obscures the underlying fabric. The garment has no waistband, two zippered pockets at the front, a zippered fly front closure and two pockets at the back. You state that Style XW6J75AR is composed of woven100% cotton fabric, however upon examination the garment was found to be of knit fabric coated on the outer surface with polyurethane compact plastic material that completely obscures the underlying fabric. The pants are a 5 pocket Jean style with a zippered fly front.

The applicable subheading for Style X6P803 will be 6210.40.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric.” The rate of duty will be 4.3% ad valorem.

The applicable for Style XW6J75AR will be 6113.00.1012, Harmonized tariff Schedule of the United States (HTS), which provides for “Garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The duty rate will be 4.9% ad valorem.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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