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NY J81487




March 21, 2003

CLA-2-61:RR:NC:TA:N3:356 J81487

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1520

Ms. Nancy Hu
JLA Home, Inc.
19410 Cabot Boulevard
Hayward, CA 94545

RE: The tariff classification of men’s knit lounge pants from China.

Dear Ms. Hu:

In your letter dated February 18, 2003, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 1805 is a pair of men’s lounge pants constructed from 100 percent polyester, finely knit fabric that has an all-over foil print design. The garment features a tunnel elastic waistband with an outside drawstring; side seam pockets; and hemmed leg openings. You state that you will import the same garment without side pockets as Style 1805A.

Garments of this type are considered to be multi-use garments, designed for wear in a variety of situations in and around the home. Consequently, the applicable subheading for Styles 1805 and 1805A will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: trousers and breeches: men’s. The rate of duty is 28.4 percent ad valorem.

Styles 1805 and 1805A fall within textile category designation 647. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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 egories 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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