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NY 853654

July 09, 1990

CLA-2-62:S:N:N3I:357 853654


TARIFF NO.: 6204.63.3000; 6204.63.3510

Mr. William Newman
The Newman Importing Company, Inc.
3424 Wilshire Boulevard, 10th Floor
Los Angeles, CA 90010-2257

RE: The tariff classification of a pair of unisex trousers from China.

Dear Mr. Newman:

In your letters dated April 26, 1990, and May 21, 1990, received in this office June 19, 1990, you requested a tariff classification ruling.

The sample submitted, style number U-51/0177, is a pair of unisex trousers. The trousers are constructed of a 100% nylon fabric which you state is coated with 350mm acrylic.

The coating is not separately visible, therefore HTS 6210 does not apply.

The garment has a front zipper opening secured at the waist by a metal hook fastener and two snaps. Below the waist there are two zippered front pockets, one zippered back pocket, and one snap flap pocket on the left thigh. The ankle cuffs are elasticized and the waistband is partially elasticized on the back.

If the trousers are sold to both men and women and cannot be identified as exclusively men's then the applicable classification for the garment will be in the HTS subheading covering women's garments.

If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's trousers of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment 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 trousers fall within textile category designation 648. Based upon international textile trade agreements, products of China 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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