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NY K84713




April 29, 2004

CLA-2-61:RR:NC:TA:N3:356 K84713

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1520

Ms. Irina Parker
Dash America Inc./DBA Pearl Izumi USA, Inc. 620 Compton Street
Broomfield, CO 80020

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

Dear Ms. Parker:

In your letter dated April 1, 2004, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 4098 “Therma Fleece Flash Tight” is a pair of men’s pants constructed from 46 percent polyester, 38 percent nylon, 16 percent spandex, finely knit fabric. The pants feature a covered elastic waistband with an inside drawstring; a small key pocket sewn to the inner rear waistband; reflective heat seal logos along the side of each leg; and zippered openings at the ankles.

The applicable subheading for Style 4098 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 men’s. The general rate of duty will be 28.2 percent ad valorem.

Style 4098 falls within textile category designation 647. Based upon international textile trade agreements, products of China and Macau 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

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