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NY F82888

March 1, 2000

CLA-2-62:RR:NC:WA:357 F82888


TARIFF NO.: 6204.63.3000; 6204.63.3510

Ms. Jennifer Josten
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a woman's pair of trousers from Hong Kong

Dear Ms. Josten:

In your letter dated February 17, 2000, on behalf of Leonard Feinberg, Inc., you requested a classification ruling.

The sample submitted, style number 800, is a woman's pair of trousers constructed of a shell composed of a woven 100% nylon taslon 210T fabric that has a 600mm polyurethane coating on the inner surface.

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

The trousers have a drawcord tightening through the waist, two side seam pockets below the waist, a cargo-style pocket with a flap secured by a "VELCRO"-type fastener on the lower portion of each trouser leg and a drawcord tightening at each ankle. The garment also has two reflective strips on the lower portion of each trouser leg. The "Action" logo is embroidered onto the left side seam pocket.

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 6204.63.3000, which provides for other women's or girls' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.3 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches: of synthetic fibers. The duty rate will be 29.3 percent ad valorem.

The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong 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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