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NY K85141




May 11, 2004
CLA-2-62:RR:NC:WA:357 K85141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Ms. Cheryl Forner
Stearns, Inc.
P.O. Box 1498
St. Cloud, Minnesota 56302

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

Dear Ms. Forner:

In your letters dated March 8 and April 14, 2004, you requested a classification ruling.

The sample submitted, style number 8737, is a man’s pair of cargo-style rainwear trousers constructed of a shell composed of a woven ripstop 100% nylon fabric which has a visible polyurethane coating on the inner surface. The trousers are lined with a mesh 100% polyester fabric.

The garment is a pull-on pair of trousers that has an elasticized waistband with an inner drawcord tightening and a cargo pocket with grommets on each thigh that is secured by a flap with two snap closures. A label on the left pocket flap features the Stearns “S” logo and the words “waterproof breathable,” and a label on the right pocket flap has the “Stearns” tradename and the letter “S” logo. The garment has long hemmed trouser legs with a gusset opening on the lower portion of the leg that is secured by snap closures. Each snap on the garment features the “Stearns Dry Wear” tradename and logo.

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

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boy’s garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Thailand 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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