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NY H89705





April 3, 2002

CLA-2-62:RR:NC:WA:355 H89705

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6203.42.4050

Mr. Steve Allan
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of men’s pants and shorts from Hong Kong

Dear Mr. Allan:

In your letter dated March 25, 2002, you requested a classification ruling.

You submitted three samples of men’s lower body garments which will be returned as you have requested. Style NO44774 is a man’s short made of 100 percent woven cotton. The garment features a fabric exposed elastic waistband, two side seam pockets, and a front fly with a two button closure. The buttons are not visible as an additional flap of material on the fly covers them.

Style NO44859 is a man’s pant made of 100 percent woven cotton fabric. The garment features a tunneled waistband which is elasticized through the back of the garment, a drawstring, two side seam pockets, long hemmed pant legs and a front fly with a two button closure. The buttons are not visible as an additional flap of material on the fly covers them.

Styles NO61661 and NO61663 are identically constructed pants made of 100 percent woven cotton. Style NO 61663, a cotton flannel fabric pant, was submitted. A swatch of the fabric representative of style NO 61661 was submitted in lieu of a garment. This fabric is of a lighter weight than the flannel, possibly suitable for, or intended for wear in warmer temperatures. Both garments feature a tunneled elasticized waistband with a drawstring, side seam pockets, hemmed pant legs and a fly with a two button closure. The buttons on the fly are not visible as an additional flap of material on the fly covers them.

The applicable subheading for styles NO 44859, NO61661, and NO 61663 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and bracer overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, other. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for style NO 44774 will be 6203.42.4050, HTS, which provides for men’s or boys’ trousers, bib and bracer overalls, breeches and shorts, of cotton, other, other, shorts, men’s. The duty rate will be 16.8 percent ad valorem.

Styles NO44774, NO44859, NO61661 and NO 61663 fall within textile category designation 347. Based upon international textile trade agreements products of Hong Kong 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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