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NY M83821




July 5, 2006

CLA-2-62:RR:NC:TA:357 M83821

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5031; 6210.50.5031

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

RE: The tariff classification of ski pants from China

Dear Mr. Ferguson:

In your letter dated May 25, 2006, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first item, style Men’s Rubicon Pants (30640), has a woven 100% nylon shell fabric with a visible coating on the inner surface. The pants are ankle-length and have hidden elasticized leg sleeves with a buckled strap at the ends, a zipper fly, a two-button closure at the waist, slant, zippered pockets below the waist, a patch pocket on the thigh with a flap secured by hook and loop closures, zippered side openings below the waist, fully sealed seams, scuff guards and a full lining.

The second item, Women’s Stretch Element Pants (84379), is made from what is described as a stretch nylon woven fabric. It consists of a bonded construction with an outer fabric of woven material and an inner fabric of openwork knit through which a coating is visible. The garment has a zipper fly with a snap at the waist, full side zipper openings, a single zippered pocket on the right thigh, elasticized leg sleeves with a snap closure and a buckled strap at the ends and “welded” seams throughout.

The third item, Men’s Chute to Thrill Pants (29376), is made from what is described as a stretch nylon woven fabric. It consists of a bonded construction with an outer fabric of woven material and an inner fabric of openwork knit through which a coating is visible. The garment has a zipper fly and a two-snap closure at the waist, zippered slant pockets below the waist, a patch pocket with a flap secured by a hook and loop closure, elasticized, removable suspenders, zippered side openings extending from the waist to the knee area, reinforcement on the seat and on the inner legs from the knee down, hidden elasticized leg sleeves with a buckled strap at the ends, scuff guards and “welded” seams throughout.

The fourth item, Men’s Puffslider Pants (29485), has a shell made from a 100% nylon woven fabric with a visible coating on the inner surface. It has a polyester lining quilted to a 60-gram nonwoven insulation, a zipper fly front, a two-button closure at the waist, slant, zippered pockets below the waist, patch pockets with closures on the thighs, hidden elasticized leg sleeves with a buckled strap at the ends, zippered inner thigh vents, scuff guards and sealed seams throughout.

The fifth item, Women’s Primo Pants (29431), has a shell made from a 100% nylon woven fabric with a visible coating on the inner surface, a mesh lining from the waist to the calf, a zipper fly, a two-snap closure at the waist, slant, zippered pockets below the waist, zippered side openings extending from the waist to the bottom hem, reinforcement in the seat, scuff guards, hidden elasticized leg sleeves with a buckled strap at the ends, fully sealed seams and elasticized, removable suspenders.

The applicable subheading for styles 30640, 29376 and 29485 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.

The applicable subheading for styles 84379 and 29431 will be 6210.50.5031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ 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/.

Styles 30640, 29376 and 29485 fall within textile category designation 647; styles 84379 and 29431 fall within textile category designation 648. 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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