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NY M86864




October 17, 2006

CLA-2-62:RR:NC:WA:357 M86864

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5031; 6210.40.5039; 6210.50.5039

Ms. Lydia Hua
Greenland Sales Corp.
2221 Niagara Falls Blvd., Suite 11
Niagara Falls, N.Y. 14304

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

Dear Ms. Hua:

In your letter dated September 15, 2006, you requested a classification ruling.

Samples were submitted as follows: Style “Men’s Approach Pants,” style “Men’s Summit Bib Pants,” and style “Women’s Traverse Pants” are trousers constructed of a shell composed of one layer of a woven 100% nylon fabric on the outer surface and one layer of a knit mesh fabric on the inner surface with a waterproof breathable coating in between. The coating is visible through the mesh fabric.

Style “Men’s Approach Pants” is a man’s pair of trousers that has an elasticized waistband with belt loops and a fly front zipper opening secured by an overlapping flap with a one-snap closure on the front of the waistband. The garment has a right front zippered pocket below the waist, long hemmed legs, two side seam zipper openings that extend from the hip area to the bottom of the legs and a tab with a snap closure at the bottom hem. The “Chinook Technical Outdoor” logo is embroidered onto the garment above the left knee area.

Style “Men’s Summit Bib Pants” is a man’s pair of ski/snowboard pants which rise slightly above the natural waistline in the front and higher in the rear. The garment has adjustable sewn-on elasticized suspenders and a zipper opening that extends down from the top hem in front to the waist area in the rear. The garment has sealed seams at the front and back rise (including a rubberized zipper covering), a right front zippered pocket below the waist, long hemmed legs, hidden elasticized leg sleeves, two side seam zipper openings that extend from the hip area to the bottom of the legs and a tab with a snap closure at the bottom hem. The “Chinook Technical Outdoor” logo is embroidered onto the garment above the left knee area.

Style “Women’s Traverse Pants” is a woman’s pair of pants that has an elasticized waistband with belt loops and a fly front zipper opening that is secured by an overlapping flap with a one-snap closure on the front portion of the waistband. The garment has a right front zippered pocket below the waist, long hemmed trouser legs, two side seam zipper openings that extend from the hip-area to the bottom of the legs and a tab with a snap closure at the bottom hem. The “Chinook Technical Outdoor” logo is embroidered onto the garment above the left knee area.

The applicable subheading for style “Men’s Summit Bib Pants” will be 6210.40.5031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other: Trousers, breeches and shorts: Ski/snowboard pants. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style “Men’s Approach Pants” will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other: Trousers, breeches and shorts: Other. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style “Women’s Traverse Pants” will be 6210.50.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Of man-made fibers: Other: Trousers, breeches and shorts: Other. The duty rate will be 7.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification determination on the “Men’s Vapor Pants” and the “Women’s Outlook Pants”. Please submit a lap diagram showing the movement of the stitches of the polyester microfleece fabric as it is knitted. In addition, it would be helpful to have a swatch of plain dyed or greige fabric prior to brushing. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 “Men’s Approach Pants” and “Men’s Summit Bib Pants” fall within textile category designation 647. Style “Women’s Traverse Pants” falls within textile category designation 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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