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NY N018699




November 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3590; 6203.43.4010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Klestadt LLP 399 Park Avenue, 25th Floor
New York, N.Y. 10022-4877

RE: The tariff classification of two pairs of men’s trousers from Korea and/or Vietnam

Dear Mr. Evan:

In your letter dated October 17, 2007, on behalf of your client, Alpinestars S.p.A., you requested a classification ruling.

Two samples were submitted, as follows: Style number 332558 is a man’s pair of trousers with a shell composed of a woven 100% polyester fabric that has a polyurethane coating. The trousers are lined with a knit 92% polyester/8% lycra fabric. The trousers have an additional detachable partial liner on the upper portion of the garment that is composed of a woven 100% polyamide fabric that is quilted to a nonwoven batting fill. The liner is held to the garment by button and loop fasteners.

The trousers have a fly front zipper opening, a tab with a hook and loop closure that is fastened through a plastic buckle for a better fit on each side of the waistband and a ribbed knit fabric insert for easier movement in the rear portion of the trousers below the waistband that is covered by a free-hanging yoke. The trousers have front pockets and rear pockets, a smaller pocket inside the right front pocket, a large pocket with a flap secured by a hook and loop fastener on each thigh and long legs with padding at the knee and shin area. The “Alpinestars,” logo and trade name are featured on various pockets.

Style number 332557 is a man’s pair of trousers with a shell composed of a woven 100% polyester fabric that has a polyurethane coating. The trousers are lined with a knit mesh 100% polyester fabric. The trousers have a fly front zipper opening, five belt loops surrounding the waistband and two elasticized tabs on the inner portion of the waistband that are secured on each side by a hook and loop fastener for a better fit. The trousers have a ribbed knit fabric insert for easier movement in the rear portion of the garment below the waistband that is covered by a free-hanging yoke, two front pockets and a pocket with a flap secured by a hook and loop fastener on each thigh area. The garment has long legs with an opening below the thigh pockets between the shell and lining fabric which covers a ribbed-knit fabric insert for easier movement at the knee area and a zipper opening at the ankle area that is covered by a flap with tabs secured by hook and loop fasteners. The “Alpinestars” logo is featured on the left thigh pocket and on the bottom of the left leg.

For both garments the rib knit portion below the waistband is covered by fabric that is treated for water resistance. The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The samples are being returned to you as you have requested.

Styles 332558 and 332557 are eligible for classification as water resistant. If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3590, which provides for other: men’s or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other: men’s trousers and breeches: of synthetic fibers. The duty rate will be 27.9 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 332558 and 332557 fall within textile category 647. 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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