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NY N022006




February 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044

Mr. David C. Williams, Esq.
DC Williams & Associates
8 Brook Lane
Cortlandt Manor, New York 10567

RE: The tariff classification of a man’s pair of pants from China

Dear Mr. Williams:

In your letter dated January 14, 2008, on behalf of your client, Kindnoon Offshore Trading Co., Ltd., you requested a classification ruling.

The sample submitted, style number H5P “Men’s Camouflage Pants,” is a man’s pair of pants with a printed camouflage design shell composed of a brushed flat knit 100% polyester fabric which has a visible polyurethane lamination on the inner surface. The pants are lined with a woven man-made fiber fabric quilted to a nonwoven batting insulation.

The pants have an elasticized waistband with a fly front zipper opening secured by a one-snap closure on the front portion of the waistband, five belt loops surrounding the waistband, two front pockets and two rear pockets that are covered by a flap with snap closures. The “Arctic Shield” tradename and logo and the “H5 Pro Series” logo are featured on the flaps of the front pockets. The pants also have a pocket with a flap secured by a snap closure on each thigh, a pocket with a zipper closure on each thigh and long legs with elasticized cuffs and a zipper opening covered by a flap with four snaps at the ankle extending 19-1/4 inches up each leg.

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

The applicable subheading for the trousers will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: Trousers, breeches and shorts: other: men’s or boys’. 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/.

The trousers 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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