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NY 851691

MAY 18 1990

CLA-2-62:S:N:N3I:357 851691


TARIFF NO.: 6204.63.3000; 6204.63.3510

Ms. Doris Acosta
Warnaco Inc.
485 7th Avenue, 14th Floor
New York, N.Y. 10018

RE: The tariff classification of two women's low-rise bib pants from Korea.

Dear Ms. Acosta:

In your letter dated April 16, 1990, on behalf of White Stag Skiwear, you requested a tariff classification ruling.

The samples submitted, style numbers 12217 and 12240, are two women's low-rise bib pants. Both garments are constructed of a woven 100% nylon fabric shell, a 100% nylon fabric lining and a 100% non-woven polyester filler. You have stated in your letter that each garment is stated to be coated with ATZOMK, a water resistant silicone coating.

The coatings are not separately visible, therefore HTS 6210 does not apply.

The bibpants feature a front zipper opening, an elasticized waistband and two zippered pockets below the waist. The front bib of each garment is insufficient for the bib pants to be considered overalls. There are two self-fabric adjustable suspenders with partial elastic and plastic buckles attached to the bibs. Style 12217 has elastic tightening on the ankle cuffs. Style 12240 features foot straps.

If styles 12217 and 12240 pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6204.63.3000, which provides for other women's water resistant trousers, of synthetic fibers. The rate of duty will be 7.6 percent ad valorem. If styles 12217 and 12240 do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6204.63.3510 which provides for other women's trousers, of synthetic fibers. The rate of duty will be 30.4 percent ad valorem.

The garments fall within textile category designation 648. Based upon international textile trade agreements, products of Korea are presently subject to quota restraints and a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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