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NY K85802




May 17, 2004
CLA-2-62:RR:NC:WA:355 K85802

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015

Mr. Brian Bernarding
Dick’s Sporting Goods
200 Industry Drive
RIDC Park West
Pittsburgh, PA 15275

RE: The tariff classification of men’s pants from Sri Lanka

Dear Mr. Bernarding:

In your letter dated April 29, 2004, you requested a classification ruling.

You submitted a pair of men’s pants which you identified as style MCA00095. The tag on the submitted garment corresponds to that style number. You stated that the pants were made of 100% cotton knit fabric. The pants are made of cotton, but the fabric is woven, not knit. The submitted garment features an elasticized tunneled waistband through which a drawstring is threaded; a one-button placketed fly which is covered with a strip of fabric; and hemmed leg openings. In your letter you state that you believe the correct classification for this garment would be as a men’s cotton knit pajama pant. Allowing for the difference in fabric construction, (knit to woven), we do not agree. The fly opening is securely fastened with one button which does not allow for any gaps in the fly opening. The presence of a covering placket to the button further enhances this coverage. The garment is suitable to be worn in or about the house during informal social occasions. It is of a type of garment that has been identified as loungewear and which is classified under subheading 6203. Your sample will be returned as you have requested.

The applicable subheading for style MCA00095 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: Other: Trousers and breeches: Men’s: Other. The duty rate will be 16.6% ad valorem.

Style MCA00095 falls within textile category designation 347. Based upon international textile trade agreements products of Sri Lanka 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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