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NY K87940




July 23, 2004
CLA-2-62:RR:NC:WA:357 K87940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Harry Katsaros
Nik And Associates
800 S Hindry Avenue Unit A
Inglewood, CA 90301

RE: The tariff classification of men’s high-rise suspender pants from China

Dear Mr. Katsaros:

In your letter dated July 12, 2004, on behalf of JMI (USA) Ltd., you requested a classification ruling.

The sample submitted, style number 05MA83.5, is a man’s pair of high-rise suspender pants composed of a shell constructed of a three layer fabric with one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit tricot mesh fabric on the inner surface with a “Gore-Tex” film laminated in between. The “Gore-Tex” film is visible through the knit mesh fabric. The pants are lined with a woven 100% nylon fabric that is quilted to a nonwoven polyester batting insulation.

The garment has a front rise above the natural waistline, elasticized suspenders secured by plastic buckles, a front opening that is secured by a zipper pull closure that has a hang tag with the “Gore-Tex” tradename and an overlapping flap with a one-snap closure that covers the front zipper area. The garment has two zippered front pockets below the waist, an inner pocket with a hook and loop fastener, an elasticized rear waist, long hemmed trouser legs with a double pull zipper opening on the outer portion of each side seam and inner storm cuffs at the ankle area that are secured by elastic and two snap closures. The “Polaris” tradename and logo are embroidered onto the upper portion of the left front panel and on the lower portion of the right leg. The “Gore-Tex” tradename is featured on a label on the lower portion of the left leg.

Although the front rise of the garment is significant, the front panel and the outer portion of the sides do not extend sufficiently above the natural waistline to provide enough coverage of the chest area for the garment to be considered a bib-overall.

The applicable subheading for the high-rise suspender pants 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 boys’ garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

The pants fall within textile category designation 647. Based upon international textile trade agreements products of China 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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