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NY I89176




December 31, 2002

CLA-2-42:RR:NC:3:353 I89176

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061, 6203.43.3500, 6203.43.4010

Ms. Karilea Rhea
RPM Gear Inc.
10 Bridge Lane
Croton on Hudson, NY 10520

RE: The tariff classification of a Man’s Double Pant Set from China.

Dear Ms. Rhea:

In your letter dated November 30, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted sample, Style # MJ116 Ranger Cargo Pant, is a man’s double pant set. The two piece set consists of a protective outer pant and an inner pant, which can be zippered together along the waist so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment. The garment has been designed for motorcycle and motocross riding.

The outer pant is constructed of an outer shell of woven 100% nylon fabric. There is an inner lining of knit polyester fabric and a middle waterproof lining. The garment features belt loops, a zipper, hook and loop closure fly, slash and cargo pockets, reinforced seat, removable knee pads, and tightening at the ankles via a zipper and hook and loop fastener. The outer pant would be worn while riding; it would be uncomfortable and bulky to where at other times.

The inner pant is constructed of an outer shell of woven 100% nylon fabric, which you state has a PU water resistant coating. The inner lining is knit 100% nylon fabric and the insulation is 100% polyester. The pant features belt loops, a zipper fly and slash pockets

The applicable subheading for the Style # MJ116 Ranger Cargo outer pant will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, other garments: Other garments, men’s or boys’: Of man-made fibers, Other.” The duty rate will be 16.1% for 2003. The textile category designation is 659.

The Style # MJ116 Ranger Cargo inner pant is eligible for classification as water resistant.

If the Style # MJ116 Ranger Cargo inner pant passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for “Men's or boys' suitsblazersTrousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Water resistant trousers or breeches.” The rate of duty will be 7.2% for 2003. The textile category designation is 647.

If the Style # MJ116 Ranger Cargo inner pant passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men's or boys' suitsblazersTrousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other, Trousers ands breeches: Men’s.” The duty rate will be 28.2% ad valorem for 2001. The textile category designation is 647.

Based upon international textile trade agreements products of China 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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