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NY 846463

CLA-2-62:S:N:N3:357 846463


TARIFF NOS.: 6203.43.3500; 6203.43.4010

Mr. Mark McDuffee
The McDown Company
80 Orville Drive
Bohemia, NY 11716

RE: The tariff classification of men's woven outerwear pants, lot number 518-7828 and 518-8610, from China.

Dear Mr. McDuffee:

In your letter dated October 19, 1989, on behalf of J.C. Penney Purchasing Corp., you requested a tariff classification ruling.

This padded garment is manufactured from nylon. Basic characteristics of the trousers include a zippered front opening, suspenders, and a knitted vertical insert at each underarm. The bib portion, which rises approximately five inches above the waistline, snaps together.

As you have requested, the sample garment is being returned.

If this garment passes the water resistance test specified in Chapter 62, U.S. Note 2, then the applicable subheading for it will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for men's water resistant trousers or breeches of synthetic fibers. The rate of duty will be 7.6 percent ad valorem.

If the trousers do not pass this test, then the applicable subheading for the garment will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's other trousers and breeches of synthetic fibers. The rate of duty will be 29.7 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements, products of China are 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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