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NY B84810




May 22, 1997

CLA-2-62-NO:TC:I06 B84810

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500, 6203.43.4010

Mr. Arthur Danforth
Hyde Athletic Industries, Incorporated
Centennial Park
P.O. Box 6046
Peabody, Maryland 01961

RE: The tariff classification of men's woven trousers from Macau

Dear Mr. Danforth:

In your letter dated April 24, 1997, you requested a tariff classification ruling.

The submitted sample, Style # 15223, is a pair of men's trousers composed of 100% polyester woven fabric having a co-polymer coating. The trousers feature an elasticized waistband with an inner drawstring; one rear, half welt pocket having a zipper closure; side seam leg vents at the bottom having a zipper and hook and loop tape closures; and ankle length.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

If the trousers pass the water resistance tests specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Additional U.S. Note 2, then the applicable subheading for the trousers will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's water resistant trousers or breeches, of synthetic fibers. The rate of duty will be 7.4 percent ad valorem.

If the trousers do not 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 garment will be 6203.43.4010, which provides for other men's trousers or breeches, of synthetic fibers. The duty rate will be 29.2 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements, products of Macau are subject to quota and the requirement of a visa.

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 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.

Sincerely,

Allan H. Paterson
Port Director

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