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NY A88880




November 25, 1996

CLA-2-62:RR:NC:WA:355 A88880

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4010; 6211.43.0081

Ms. Trish Dwyer
D.J. Industries, Inc.
P.O. Box 21488
Greensboro, NC 27420

RE: The tariff classification of men's pants and a woman's shortall from Hong Kong.

Dear Ms. Dwyer:

In your letter dated October 23, 1996, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 6N988 is a pair of men's woven pants. The front of the garment from the waistband to the knee is made of 100% cotton denim and has a fly front, a metal button at the waist and two diagonal pockets. The back of the garment is also made of denim, except for an upside down bell shaped inset of 100% nylon extending from 3 inches below the waistband till the back of the knees and including two patch pockets of the same material. The front of the garment has a 8 inch by 10 inch nylon cargo pocket which is fastened with a zipper. The leg bottoms are made of 100% nylon woven fabric. They have an expandable insert with a zipper closure.

Style 1C402 is a woman's woven shortall. The garment features 1 1/2 inch wide elasticized shoulder straps and oversized armholes. The front of the item from the shoulder straps to the waist is made of 100% nylon woven fabric with a five button closure and a small pocket on the left side of the chest. the garmeent from the waist to the bottom of the front side is made of 100% Cotton denim and features a buttoned fly front and two pockets. The back of the garment is made of nylon, except for the bottom of the shorts from hip length to the hemmed bottom. The back of the garment also features nylon shoulder straps and two nylon patch pockets on the rear-end.

The applicable subheading for style 6N988 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other, trousers and breeches: mens. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for style IC402 will be 6211.43.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: of man-made fibers: other. The duty rate will be 16.8 percent ad valorem.

Style 6N988 falls within textile category designation 647. Style IC402 falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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 Gerard Shea at 212-466-5878.

Sincerely,

Roger J. Silvestri
Director

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