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NY J86099




August 11, 2003

CLA-2-61:RR:NC:TA:N3:356 J86099

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1520

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Ortiz:

In your letter, which was received by this office on July 14, 2003, you requested a tariff classification ruling on behalf of Jean Design Ltd. As requested, your sample will be returned.

Style 61583 is a pair of men’s pants constructed from knit and woven fabrics. The pants feature a zippered fly front opening; a waistband with belt loops, adjustable tabs, a metal snap closure, and a drawstring; two welt pockets and two patch pockets with flaps and metal button closures on the front of each leg; two rear patch pockets with flaps and metal button closures; zippered pockets on the back of each leg; zippers that extent from the ankle to the waistband on the side of each leg; and drawstring closures at the ankles. There is a woven fabric hammer loop with an embroidered logo on the right leg, a rubber logo on the right rear patch pocket and embroidery on the left front cargo pocket.

The waistband, the rear panels, a portion of each side of the front panels, and a small area near the knee are constructed from 55 percent polyester, 45 percent cotton jersey knit fabric. The remainder of the front panels and the rear pocket flaps are of 98 percent cotton, 2 percent polyurethane woven fabric. You state that the knit portions comprise 60 percent of the visible surface area of the garment.

The essential character of the garment is imparted by the knit portions. Consequently, the applicable subheading for Style 61583 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts, knitted or crocheted: of synthetic fibers: trousers and breeches: men’s. The rate of duty will be 28.4 percent ad valorem.

Style 61583 falls 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 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 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
Director,
National Commodity Specialist Division


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