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NY F84516




April 6, 2000

CLA-2-62:RR:NC:WA:357 F84516

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4010; 6203.43.4020

Ms. Joanna Huang
American 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 or China

Dear Ms. Huang:

In your letter dated March 14, 2000, you requested a classification ruling.

The sample submitted, style number 41-8F6, is a man's pair of trousers which is constructed of a shell that is composed of a woven 100% nylon fabric. The garment is lined from the waist to the knee area with a knit jersey fabric and from the lower portion of the knee area to the ankle with a nylon mesh fabric. In a fax you submitted you indicated that the nylon shell fabric has a 600mm polyurethane coating for water resistance and that the same trousers will also be imported under style number 41-4F6 in boys' sizes 8 to 18 and under style number 41-3F6 in boys' sizes 4 to 7.

The coating on the shell fabric 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 snap closure on the front waistband. The garment also features five belt loops surrounding the waistband and two double entry front pockets with slanted zipper closures and two rear pockets located below the waist. The garment has a textile loop with a hanging "D" ring and a cargo pocket with a zipper closure on the right trouser leg. The left trouser leg has a pocket with a vertical side zipper closure. An overlay strip of fabric covers the zipper.

The sample is being returned to you.

Style numbers 41-8F6, 41-4F6 and 41-3F6 are eligible for classification as water resistant. If each garment passes 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 7.3 percent ad valorem.

If style number 41-8F6 does 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 28.6 percent ad valorem.

If style numbers 41-4F6 and 41-3F6 do not pass the water resistance test, then the applicable subheading for the garments will be 6203.43.4020, which provides for other boys' trousers and breeches: of synthetic fibers. The duty rate will be 28.6 percent ad valorem.

Each trouser falls within textile category designation 647. Based upon international textile trade agreements products of Hong Kong or 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.

Sincerely,

Robert B. Swierupski
Director,

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