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NY J86848





July 31, 2003

CLA-2-62:RR:NC:WA:355 J86848

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Ms. Mary C. Hunter
Woolrich, Inc.
Woolrich, PA 17779

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

Dear Ms. Hunter:

In your letter dated July 10, 2003, received, July 23, 2003, you requested a classification ruling.

You submitted a sample of a man’s lower body garment which you called a “PJ Bottom”. It is a pair of men’s 100% woven cotton flannel pants, identified as style 9502. The pants feature an covered elastic waistband; two side seam pockets; a fly with a two button closure that is covered; and hemmed leg openings. This office notes that the sample does not conform to the sizing specifications which were submitted. Although in this instance, the differences would not impact upon classification, we are not relying on the printed information submitted, but on the physical sample presented. Your sample will be returned as you have requested.

The applicable subheading for style 9502 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, trousers and breeches: men’s: other. The duty rate will be 16.7% ad valorem.

Style 9502 falls within textile category designation 347. 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 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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