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NY D81391

August 21, 1998

CLA-2-62:RR:NC:WA:357 D81391


TARIFF NO.: 6203.43.3500; 6203.43.4010

Ms. Linda Brown
D.J.Powers Co., Inc.
P.O. Box 9239
35 Barnard St.
Savannah, GA 31412-9239

RE: The tariff classification of men's nylon taffeta pants from Hong Kong

Dear Ms. Brown:

In your letter dated August 11, 1998, on behalf of Augusta Sportswear, you requested a classification ruling. A sample was submitted.

The item in question, style #610 in sizes S,M,L and XL, and #615 in size XXL, is a pair of 100% nylon woven pull-on pants with a mesh lining. They have an elasticized waistband and cuffs, a drawstring at the waist, and side seam pockets. According to information you submitted the pants have a water resistant polyurethane coating.

Although you provided certification regarding the water resistance, at least one of those statements covers fabric other than what is used to construct this garment. The status of this item as water resistant may be subject to verification at the time of importation.

If the trousers 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 or boys' trousers or breeches of synthetic fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the trousers 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 or breeches of synthetic fibers. The duty rate will be 29 percent ad valorem.

These trousers fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.


Robert B. Swierupski

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