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NY F81437

January 21, 2000

CLA-2-62:RR:NC:WA:357 F81437


TARIFF NO.: 6210.40.5030

Ms. Martha Spagnuolo
Dash America, Inc.
620 Compton Street
Broomfield, CO 80020

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

Dear Ms. Spagnuolo:

In your letter received in this office December 30, 1999, on behalf of Dash America d.b.a. Pearl Izumi, you requested a classification ruling.

The sample submitted, style number 4072, "Challenge Pant", is a man's pair of trousers. In a fax you submitted you indicated that the trousers are constructed of a shell composed of one layer of a woven 100% nylon fabric on the outer surface, one layer of a knit tricot 100% nylon fabric on the inner surface with a polyurethane lamination in between. The polyurethane lamination is visible through the knit tricot nylon fabric.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two front zippered pockets below the waist. At the bottom of each trousers leg there is a zipper opening, elastic and a tab with a "VELCRO"-type fastener.

The sample is being returned to you

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.3 percent ad valorem.

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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