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NY L85820




July 13, 2005

CLA-2-62:RR:NC:WA:357 L85820

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Ms. Sophia Spoltore
Milgram Freight Services Limited
407, McGill Street, Suite 700
Montreal (Quebec) Canada H2Y 2G3

RE: The tariff classification of a man’s pair of ski-pants from China

Dear Ms. Spoltore:

In your letter dated June 17, 2005, on behalf of Killtec NA, Inc., you requested a classification ruling.

The sample submitted, style name Medano F05 Level 5, “Men’s Ski Bib Pant,” is a man’s pair of ski-pants constructed of a shell composed of a woven 100% nylon fabric, which has a visible waterproof breathable polyurethane coating on the inner surface. The garment is lined in the upper portion of the legs with a brushed polyester fleece fabric and in the lower portion of the legs with a woven polyester fabric and has a nonwoven polyester batting fill.

The garment has a zip-off rear bib with elasticized suspenders that are secured to the inner portion of the front waistband by a tab with a hook and loop fastener. The logo “Killtec Technical Outdoor Level 5” is embroidered onto the rear bib. The ski-pants have a fly front zipper opening that is covered by an overlapping flap with a hook and loop fastener and two snaps on the front portion of the waistband, a self-fabric detachable belt with a plastic buckle that is held to the garment’s waistband by belt loops, elastic tightening on each side of the rear waistband, a loop with a plastic “D” ring hanging from the waistband, and two front pockets and a right rear pocket with zipper closures located below the waistband. The ski-pants have long hemmed trouser legs with a full side opening along the outer length of each leg secured by a zipper closure. An overlapping flap with a hook and loop fastener covers the zipper opening. The garment has inner storm cuffs with side openings on the lower portion of the legs that are secured by a hook and loop fastener, two snaps and elastic tightening at the ankles.

In your letter you suggested classification in HTS subheading 6210.40.5040, as “bib-and-brace ski pants/overalls.”

Classification of garments as trousers is not affected by the presence of a rear bib, regardless of height. Therefore, 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 boys’ garments: Of man-made fibers: Other: Trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

The ski-pants fall within textile category designation 647. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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