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NY I84492




August 1, 2002

CLA-2-62:RR:NC:TA:357 I84492

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Ave.
New York, NY 10018

RE: The tariff classification of men’s trousers from the UAE

Dear Mr. Garrett:

In your letter dated July 23, 2002, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 81173, men’s “all terrain pant,” is a pair of men’s trousers made from a woven 65%polyester/35% cotton fabric with a 600mm polyurethane coating for water resistance. The garment has a partially elasticized waistband with six belt loops, a zip fly with a button closure at the waist, hemmed bottoms, slant inserted pockets below the waist, patch pockets with flaps on each leg and on the back. The lower half of each leg is attached by a zipper, allowing the trousers to be converted to shorts.

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.

With your letter you submitted information indicating that the merchandise meets the water resistance requirements. We have not confirmed those results; however, the Customs officer processing the transaction at the time of importation may choose to do so.

This garment falls within textile category designation 647. Based upon international textile trade agreements products of United Arab Emirates (UAE) 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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