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June 4, 1999

CLA-2-62:RR:NC:WA:357 E81979

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010; 6203.43.4020

Ms. Joanna Huang
America Public Co., Inc.
485 7th Ave., Suite 800
New York, N.Y. 10018

RE: The tariff classification of a man’s pair of trousers from Hong Kong and Macau

Dear Ms. Huang:

In your letter dated May 11, 1999, you requested a classification ruling.

The sample submitted, Kmart style number KM8004, is a man’s pair of trousers constructed of a woven 100% nylon fabric. In a fax you submitted you stated that the trousers have an acrylic coating on the inner surface. In your letter you indicate that the identical pair of trousers will also be imported under style number CR40801 in men’s sizes and under style number CR40401 in boys’ sizes for your customer Sears, under style number BB40801 in men’s sizes for your customer Bobs, and under number AM4N801 in men’s sizes and under style number AM4N401 in boys’ sizes for your customer Ames.

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

The trousers have an elasticized waistband with a drawcord tightening. The garment features two zippered front pockets below the waist and two cargo pockets with flap closures on the thighs. The flaps are secured by “VELCRO”-type fasteners. The garment has a zipper opening with a flange insert at the bottom of each trouser leg.

The sample is being returned to you.
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’ water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If style numbers KM8004, CR40801, BB40801 and AM4N801 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 28.8 percent ad valorem.

If style numbers CR40401 and AM4N401 do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4020, which provides for other boys’ trousers and breeches: of synthetic fibers. The duty rate will be 28.8 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong and Macau are presently subject to quota restraints 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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