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NY I82093




June 12, 2002

CLA-2-62:RR:NC:WA:355 I82093

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4005; 6203.42.4010; 6203.42.4015

Chandri Navarro-Bowman
Sandler, Travis & Rosenberg, P.A.
1300 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-3002

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of men’s pants from Mexico; Article 509

Dear Ms. Navarro-Bowman:

In your letter dated May 30, 2002, you requested a ruling on the status of men’s woven cotton pants from Mexico under the NAFTA. This request was made on behalf of Levi Strauss & Co.

Three samples of men’s pants were submitted and will be returned as you have requested. The first pant is identified as product code 00505-3827. It is made of woven cotton corduroy fabric. It features a front zippered fly, two front pockets, a watch pocket, two back patch pockets, a buttoned waistband with five attached belt loops, and hemmed leg openings. The second pant is Levi denim jean, style 569. It is made of 100 percent woven cotton blue denim material and features a front zippered fly, two front pockets, a watch pocket, two back patch pockets, a buttoned waistband with five attached belt loops, and hemmed leg openings. The last style submitted has a hang tag identifying the garment as Levi’s carpenter pants. The garment features a zippered front opening, a buttoned waistband with five belt loops, two front slash pockets, a deep pocket interior to the right front slash pocket, two back patch pockets, a long narrow pocket below the right rear pocket and a hammer loop attached to the left rear pocket.

In your letter you state that the pants will be cut and sewn in Mexico from fabric formed in the U.S., Canada or Mexico of yarns that are formed in these same countries. However, the pocketing material for the pants is formed in a non-NAFTA country and will be made of either 100 percent woven cotton or a 65/35 percent woven cotton/polyester blend.cotton

The applicable tariff provision for product code 00505-3827 will be 6203.42.4005, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, corduroy. The general rate of duty will be 16.8 percent ad valorem.

The applicable tariff provision for the denim jeans, style 569 will be 6203.42.4010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, blue denim. The general rate of duty will be 16.8 percent ad valorem.

The applicable tariff provision for the carpenter pants will be 6203.42.4015, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, other. The general rate of duty will be 16.8 percent ad valorem.

Each of the non-originating materials used to make the pants has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.16. The pants will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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