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NY J89637




November 3, 2003

CLA-2-62:RR:NC:WA:357 J89637

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Ms. Joanna Huang
American Public Co., Inc.
485 7th Ave., Suite 800
New York, N.Y. 10018

RE: The tariff classification of a man’s pair of trousers from Hong Kong

Dear Ms. Huang:

In your letter dated October 3, 2003, you requested a classification ruling.

The sample submitted, style number 1778, is a man’s pair of cargo-style trousers constructed of a shell composed of a woven 65% polyester/35% cotton fabric which has a polyurethane coating. The trousers are not lined.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The trousers have five belt loops surrounding the waistband and an adjustable tab with a buckle closure on each side that can be used for a better fit. The trousers also have a fly front zipper opening secured by a one-button closure on the front portion of the waistband, two front pockets with side opening and two rear pockets secured by flaps with a two-button closure below the waist, and a smaller pocket sewn onto the left rear pocket. The trousers feature long hemmed legs that have two bellows pockets secured by flaps with a two-button closure on the lower portion of the thigh area, a bellows pocket secured by a flap with a two-button closure on the lower portion of the left leg and a tab with an adjustable button closure at the ankle. The logo “Type AP-1 Reg Rn 90614 Surplus Goods” is printed on the flap of the right thigh pocket.

This garment is eligible for classification as water resistant. If the trousers pass 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 other: men’s or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.2 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other: men’s trousers and breeches: of synthetic fibers. The duty rate will be 28.1 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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