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NY N023590




March 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

Mr. Jerry W. Gillentine
J.W. Gillentine LCHB
3140 Tchulahoma, Suite 16
Memphis, Tennessee 38118

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

Dear Mr. Gillentine:

In your letter dated February 12, 2008, on behalf of I. Spiewak and Sons, Inc., you requested a classification ruling.

The sample submitted is a man’s pair of pants with a shell composed of a woven 100% nylon fabric that has a visible coating on the inner surface. The pants are lined with a woven 100% nylon fabric that also has a visible coating on the inner surface.

The garment is ankle-length, has a fly front zipper opening that is covered by an overlapping flap with a snap closure on the front portion of the waistband, a drawcord tightening on the front inner portion of the waistband, an elasticized rear waistband and five belt loops with hook and loop fasteners that surround the waistband. The garment has two side seam pockets and two rear pockets below the waist, all of which have zipper closures, two cargo pockets on the thighs that have zipper closures and flaps with snap closures, articulated knees, long legs that have a reflective strip on the lower portion of each leg, elastic tightening at the ankle and a side zipper opening that extends from the ankle to the knee area. An overlapping flap with a snap closure along its length and a tab with a snap closure at the ankle covers the zipper area. The garment does not have sealed seams on the front and back rise of the shell fabric, and does not have hidden leg sleeves with means of a tightening at the ankle.

In your letter you indicated that the pants should be classified under HTS 6203.43.3510, as ski/snowboard pants. Because this garment has a visible coating on the shell fabric, classification under HTS 6210 applies. However, because this garment does not have hidden leg sleeves with means of a tightening at the ankle it is not considered to be ski/snowboard pants.

The applicable subheading for the 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.

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 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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