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NY L89758




February 6, 2006

CLA-2-62:RR:NC:TA:357 L89758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5031; 6210.40.5039

Ms. Barbara Nichols
Spyder Active Sports, Inc.
4725 Walnut St.
Boulder, CO 80301

RE: The tariff classification of ski pants from China

Dear Ms. Nichols:

In your letter dated January 9, 2006, you requested a classification ruling. Samples were submitted.

Each of the samples represents a version of style 7026 Spyder Pant, which has a shell made from a 100% full-dull nylon woven fabric with a visible polyurethane membrane on the inner surface and a lining of 100% nylon woven fabric. This style also has a partially elasticized waistband with adjustment tabs and a snap tab, a zippered fly, full zippered side seam openings, a mesh rear bib with elasticized suspenders, hidden elasticized leg sleeves and zippered front pockets.

Version “A” has seam tape on the knee and the front and back rise; version “B” has all seams taped; version “C” has no seam taping.

The issue raised is whether these garments qualify for the exemption from quota for ski/snowboard pants from China as described in Harmonized Tariff Schedule of the United States (HTSUS) Chapter 62 Statistical Note 4.

Chapter 62 Statistical Note 4 lists certain features required for ski/snowboard pants classifiable in subheadings 6203.43.3510, 6204.63.3010, 6210.40.5031 and 6210.50.5031, which are exempt from quota from China. Among these features are “sealed seams,” which are described as seams that are covered on the back side of the fabric with tape or a coating to bridge the seam so that air and water cannot pass through.

The detailed description of seam-sealing in Note 4 without reference to partial seam-sealing strongly suggests that partial seam-sealing was not contemplated when the note was drafted. As such, we consider only the sample with full seam-sealing to meet the terms of Note 4.

The applicable subheading for style 7026 Spyder Pant version “B,” which has all seams sealed will be 6210.40.5031, 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, ski/snowboard pants. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style 7026 Spyder Pant versions “A” and “C” 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/.

Style 7026 falls 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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