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NY E88242

October 29, 1999

CLA-2-62:RR:NC:WA:357 E88242


TARIFF NO.: 6203.43.3500;

Mr. Ronnie Fredson
Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, N.Y. 11434

RE: The tariff classification of a man's pair of trousers from China

Dear Mr. Fredson:

In your letter dated October 1, 1999, on behalf of Paco Sport Ltd., you requested a classification ruling.

The sample submitted, style number 62177, is a man's pair of trousers constructed of a shell composed of a woven 100% polyester microfiber fabric. In a phone conversation it was indicated that the trousers have a 600mm polyurethane coating.

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

The trousers have a fly front opening that is secured by a zipper and a one-button closure on the front portion of the waistband. The garment has five belt loops surrounding the waistband. The trousers feature two front pockets and two rear pockets below the waist, one cargo pocket on the left thigh and two cargo pockets on the right leg (one on the thigh and one on the lower portion of the leg below the knee). The rear pockets and the cargo pockets on each leg are secured by flaps with two "VELCRO"-type fasteners. The trousers extend to the ankle. At the bottom of each trouser leg there is a drawcord tightening with a plastic cord stopper. The trousers have a zipper surrounding the lower portion of each leg. The zippers are covered by an overlay of fabric. By unzipping each zipper, the lower portion of each leg can be detached allowing the garment to be worn as a shorter calf-length pair of trousers.

The sample is being returned to you.

Based on the information you provided the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers and breeches: of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passes the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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.


Robert B. Swierupski

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