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NY M84157




July 11, 2006

CLA-2-62:RR:NC:TA:N3:356 M84157

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 6203.42.4011; 8518.30.2000; 8522.90.7580

Mr. Jerry Conner
Levi Strauss & Co.
1155 Battery Street, Levi’s Plaza
San Francisco CA 94111

RE: The tariff classification of men’s denim pants from Poland with a joystick, earphones and plastic connectors from China

Dear Mr. Conner:

In your letter dated July 9, 2006, you requested a tariff classification ruling. As requested, your samples will be returned.

Product code #20052-0007 is a pair of men’s 100% cotton, blue denim pants. The pants feature a flat waistband with five belt loops; a fly front opening with three button closures and a button at the waistband; quarter pockets at each side; a detachable flap with a hook and loop closure above the right front pocket; a wiring strip attached to the bottom of the detachable flap; a pocket with a flap on the right thigh; two rear patch pockets; and hemmed legs. There is a socket on the inside of the detachable flap with a white joystick attached.

The garment is imported with accessories for an IPOD packaged separately in blister packs. The accessories include one package of retractable plastic earphones in a carrying case; one plastic connector attached to one plastic holder and five additional plastic holders to be used with the (removable) connector to accommodate the various sizes of IPOD players that are available.

Also included with the garment is a non-woven Tyvek/Olefin/Polyethylene shopping bag. Two permanently attached ropes extend from a grommet on each lower corner of the bag, through a drawstring opening across the top. The rope serves both as the drawstring closure for the top opening of the bag and as carry straps that enable use as a backpack.

The pant has a wiring strip routed from the bottom of the detachable flap through the pocket located on the wearer’s upper right thigh. The flap has a joystick attached that can control various functions of the IPOD. The earphones can be hooked to the waist of the pant and plugged into the socket located inside the flap. The wearer can connect an IPOD MP3 to the plastic connector, then attach the plastic connector station to the connector end of the wiring, and slide the MP3 with wiring attached into the extra pocket. The wearer can control the MP3 with the small white joystick.

The applicable subheading for the denim pant is in 6203.42.4011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: other: other: trousers and breeches: men’s: blue denim. The duty rate is 16.6% ad valorem.

The applicable subheading for the earphones is in 8518.30.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: other: The duty rate is 4.9% ad valorem.

The applicable subheading for the plastic connector and the six plastic holders is in 8522.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories suitable for use solely or principally with the apparatus of headings 8519 to 8521: other: other: other: other. The duty rate is 2% ad valorem.

The applicable subheading for the shopping bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty is 17.6% 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/.

The pants fall within textile category designation 347. 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director, National Commodity Specialist Division


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