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NY M83334





June 29, 2006

CLA-2-62:RR:NC:TA:357 M83334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5031

Mr. Tony Ferguson
Patagonia, Inc.
259 West Santa Clara St.
Ventura, CA 93001

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

Dear Mr. Ferguson:

In your letter dated May 30, 2006, you requested a classification ruling. A sample was submitted and is being returned as you request.

The item in question, style 29611, White Smoke Pants, is a men’s pair of ankle length ski pants with a shell made from a woven outer fabric bonded to a flat knit inner fabric with a coating visible through the inner fabric. The garment has a zipper front with a two-button left over right closure at the waist, zipper-secured side openings on the outseams extending down from the waist approximately seventeen inches, two front zippered pockets below the waist, two zippered pockets on the legs, hidden elastic leg sleeves with a buckled strap at the ends, scuff guards of 500 denier fabric, reinforcement at the knees and in the seat and removable suspenders. The seams of this garment are sealed with hot glue in lieu of stitching. This process, known as “Composite Seam System” or CSS, is described in your literature as providing better wet weather performance through the elimination of stitch holes.

The applicable subheading for the pants 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: trousers, breeches and shorts: ski/snowboard pants. 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 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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