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NY I80915




May 23, 2002

CLA-2-62:RR:NC:TA:357 I80915

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of men’s water resistant trousers from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated April 24, 2002, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 1445, is a pair of men’s lined wind pants. The shell fabric is 100% woven nylon with a PU (polyurethane) coating for water resistance. It is lined in the upper portion with a 65% polyester /35% cotton jersey knit fabric and in the lower portion with a 100% nylon woven fabric. The garment has an elasticized waistband with a drawstring, side seam pockets and vertical zipper openings extending approximately eight inches up from the bottom hem of each leg.

The coating is not visible as that term is defined in the tariff; therefore, HTS heading 6210 is not applicable.

This garment is eligible for classification as water resistant. If it passes the water resistance test specified in Additional U.S. Note 2 to Chapter 62, HTS, the applicable subheading for the trousers will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ water resistant trousers and breeches of synthetic fibers. The duty rate will be 7.2 percent ad valorem.

If the garment does not pass the water resistance test in Additional U.S. Note 2 to Chapter 62, HTS, the applicable subheading for the trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s trousers and breeches of synthetic fibers. The duty rate will be 28.3 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are subject to quota restraints, but not a visa requirement. Ethiopia and Vietnam are not presently subject to quota restraints or 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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