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NY N009286




May 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5031

Ms. Karine Giasson
Coalision, Inc.
619 Le Breton
Longueuil, Qc, Canada J4G 1R9

RE: The tariff classification of a woman’s pair of ski/snowboard pants from China

Dear Ms. Giasson:

In your letter dated April 2, 2007, you requested a classification ruling.

The sample submitted, style number HP-04-06, is a woman’s ankle-length pair of ski/snowboard pants with a shell composed of a woven 100% polyester fabric that has a visible polyurethane membrane on the inner surface and sealed seams at the front and back rise. The garment is lined with a woven 100% nylon fabric and has a nonwoven “Thermolite” insulation.

The garment has a fly front opening with a zipper closure, a placket with a one-button closure on the waistband that covers the zipper opening, five belt loops on the waistband, two front pockets and one rear pocket with a zipper closure below the waist. The garment has long hemmed legs with hidden sleeves with elastic tightening at the ankle area and outer side seam zipper openings with a mesh fabric gusset insert on the upper portion of each leg, which allow air to pass through for ventilation.

In your letter you asked if the side zipper openings with the mesh fabric gusset insert were of the type that will be acceptable for the garment to be considered ski/snowboard pants. Although the term “side openings” that appears in the definition of ski/snowboard pants in HTS Chapter 62 Statistical Note 4 is undefined, the venting aspect of these openings contributes to their use in skiing or snowboarding Thus, this garment is considered to be within the definition of ski/snowboard pants.

The sample is being returned to you as you have requested.

The applicable subheading for the ski/snowboard pants will be 6210.50.5031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabric of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Of man-made fibers: Other: Trousers, breeches and shorts: Ski/snowboard pants. The duty rate will be 7.1 percent.

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 trousers fall within textile category 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. 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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