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NY H86919





February 5, 2002

CLA-2-62:RR:NC:WA:357 H86919

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

RE: The tariff classification of a man’s pair of ski-pants from Thailand

Dear Ms. Nichols:

In your letter dated January 8, 2002, you requested a classification ruling.

The sample submitted, style number 1301, “Tarantula Pant”, is a man’s pair of trousers used for winter sports, primarily skiing or snowboarding. The ski-pants are constructed of a shell composed of a faille weave 100% nylon fabric which has a visible, breathable polyurethane coating on the inner surface and a water repellant Teflon finish on the outer surface. The garment is lined with a woven 100% nylon taffeta fabric and has a “Thinsulate” 100% polyester batting insulation.

The garment has a high back panel with elasticized suspenders. The suspenders are worn over the shoulders and secured to the front portion of the waistband by plastic buckles. The garment’s waistband has a fly front zipper opening, an overlapping flap with a tab closure on the front portion of the waistband that is secured by a snap and a hook and loop fastener, an adjustable tab with a snap closure on each side of the waistband and elastic in the rear. The ski-pants feature two front pockets with zipper closures below the waist, a key holder clasp inside the right front pocket, a right rear pocket with a zipper closure, two full side seam openings along the outer length of each trouser leg secured by double pull zipper closures with a tab and elastic at the ankle area, scuff guards on the lower portion of the trouser legs and inner snow cuffs with two snap closures and gripper elastic. The “Spyder” logo is featured on the right leg, on each zipper pull, on each snap and on the suspenders.

The sample is being returned to you.

The applicable subheading for the trousers will be 6210.40.5030, 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 men’s or boys’ garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Thailand 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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