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January 22, 1999

CLA-2-62:RR:NC:WA:355 D85799


TARIFF NO.: 6203.42.4015

Mr. Jason Tu
Atrium Buying Corporation
6820 Commerce Court Drive
Columbus,OH 43004

RE: The tariff classification of men's woven pants from China.

Dear Mr. Tu:

In your letter dated December 28, 1998, on behalf of American Eagle Outfitters, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample PJ #5, is a pair of men's 100% cotton woven flannel pants. The garment features an enclosed waistband with an adjustable drawstring, a two buttoned placketed fly front, side slash pockets, two cargo pockets with flaps and hemmed bottoms.

The applicable subheading for style PJ #5, will be 6203.42.4015, 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: trousers, bib and brace overalls, breeches and shorts: of cotton: other: other, trousers and breeches: men's: other. The duty rate will be 17.2 percent ad valorem.

The pants fall within textile category designation 347. Based upon international textile trade agreements products of China 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 Gerard Shea at 212-466-5878.


Robert B. Swierupski
Director National Commodity

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