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NY C85592




March 27, 1998

CLA-2-62:RR:NC:WA:357 C85592

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Brian Wavra
Rainfair, Inc.
3600 South Memorial Drive
Racine, Wisconsin 53403

RE: The tariff classification of a man's pair of suspender pants from China; Composite Goods

Dear Mr. Wavra:

In your letter dated March 16, 1998, you requested a classification ruling.

The sample submitted, style number CP-97-117, is a man's pair of pants constructed of a woven 100% nylon fabric which you state has a 100% PVC coating on the inner surface.

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

The garment features detachable elasticized suspenders with adjustable plastic buckles. The suspenders are attached to the garment by four tabs with snap closures which are located on the inner portion of the waistband. The garment has an elasticized front waistband with an inner drawcord tightening and a fly front zipper opening which is covered by an overlapping flap with a "VELCRO"-type fastener. On the back panel above the waistband there is an extension of fabric which features a half zipper across the width. In a phone conversation you indicated that the half zipper is used to attach the pants to a motorcycle jacket. When the jacket and pants are attached it protects the rider from water splashing from the back wheel. You further stated that the jacket will not be imported with the pants. The garment has a side seam zipper along the length of each trouser leg which is covered by an overlapping flap with a "VELCRO"-type fastener. There is a right rear zippered pocket, an abrasion resistant scuff guard on the lower portion of the left leg, elasticized ankle cuffs secured by a tab with a "VELCRO"-type fastener and foot straps.

The Customs Service has determined that pants and suspenders of this type imported and sold together are composite goods. The pants and suspenders are separable, yet are adapted to one another and mutually complementary. The snap tabs on the inner portion of the pants waist accommodate the suspenders. The classification is based on which portion provides the essential character. In this case it is the pants. The suspenders are not regarded as a separate item for duty or quota purposes.

The sample is being returned to you as you have requested.

If the suspender pants 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 6203.43.3500, which provides for other men's and boys' water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the suspender pants do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches of synthetic fibers. The duty rate will be 29 percent ad valorem.

The suspender pants falls within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraint 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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