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NY J85579




June 17, 2003

CLA-2-62:RR:NC:WA:355 J85579

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Ms. Jennifer Archer
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA 90009-0008

RE: The tariff classification of men’s pants from various countries

Dear Ms. Archer:

In your letter dated June 4, 2003, you requested a classification ruling on behalf of Pacific Teaze, Inc.

You submitted a sample of a garment identified as style 11536AF. You wished classification advice on that sample and on another garment for which you did not submit a sample. We will issue ruling advice only on the item that is present before us, namely, style 11536AF. Should you wish you may resubmit your ruling request for style 11539 along with a corresponding sample.

Style 11536 AF is a pair of men’s pants. They are made of 200 percent cotton woven fabric which is slightly brushed. The garment features an elasticized waistband with a drawcord and hemmed leg openings. There are no pockets on the garment. There is a font fly secured by one button. In your letter you describe the front fly as having an opening of 6 ¼ inches. This office measured the opening and found it to be slightly more than only four inches with the opening beginning 2 ½ inches from the top of the waistband. The opening is sewn shut for approximately 1 1.2 inches from the top and one inch from the bottom leaving a opening, which when buttoned, leaves an aperture no greater than what one would find on a buttoned shirt. The garment preserves modesty and is appropriate for wear in or about the house.

The applicable subheading for style 11536AF will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), 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 duty rate will be 16.7 percent ad valorem.

Style 11536AF falls within textile category designation 347. Based upon international textile trade agreements products of China, Philippines, Korea, Malaysia, Thailand and Taiwan are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Vietnam are not subject to quota and do not require 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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