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NY L89290





January 12, 2006

CLA-2-62:RR:NC:TA:357 L89290

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

Ms. Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Ave. South
Kent, WA 98032

RE: The tariff classification of men’s rain pants from China

Dear Ms. Scott:

In your letter dated December 23, 2005, on behalf of Simms Fishing Products, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style #1028, “Paclite Rain Pants,” is made from a woven 100% ripstop nylon fabric with a Goretex EPTFE membrane laminated to the back side. The trousers have long legs with elasticized ends and an inner snap, a two-way zipper along the outseam of each leg, an elasticized waistband with a tunneled web belt and a permanently attached inner pouch pocket with a hook and loop strip and a drawstring closure. This pouch can also be used for storing the garment.

The applicable subheading for the trousers will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

These trousers 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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