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NY K83663





April 5, 2004
CLA-2-62:RR:NC:WA:357 K83663

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4020

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O Box 58710
Seattle, WA 98138

RE: The tariff classification of a boy’s pair of convertible trousers from Indonesia, Vietnam, Bangladesh and Cambodia

Dear Ms. Monahan:

In your letter dated February 26, 2004, you requested a classification ruling.

The sample submitted, style number B35H44M, is a boy’s pair of trousers constructed of a shell composed of a woven 69% nylon/ 31% cotton fabric which has a polyurethane coating. The trousers are lined with a 100% polyester mesh fabric.

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

The garment is a pull-on pair of trousers that has a fly front opening with a zipper closure and an elasticized waistband with a bungie cord tightening. The trousers have two front pockets, a smaller pocket with a pull-tab inside the right front pocket and two rear pockets with flaps secured by hook and loop fasteners below the waist. The garment has long hemmed trouser legs that feature two front pockets on the thighs that are secured by flaps with hook and loop fasteners and have a strip of reflective piping at the edge and four grommets on the lower portion of each pocket through which is an elasticized drawcord tightening with a plastic cord lock. The garment also has articulated knees, a pocket below the right knee that has a side opening and is secured by a pull tab with a hook and loop fastener, a label featuring the “Unionbay” logo on the pocket and a reflective strip of piping fabric on the lower portion of the leg.

The trousers have a zipper surrounding the leg area above the knee. When unzipped the lower portion of the trouser leg can be removed allowing the trousers to be worn as a shorter garment.

The sample is being returned to you as you have requested.

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 7.1 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4020, which provides for other: boys’ trousers and breeches: of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Indonesia, Vietnam, Bangladesh and Cambodia 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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