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NY F84867

April 17, 2000

CLA-2-62:RR:NC:WA:357 F84867


TARIFF NO.: 6203.43.3500; 6203.43.4010

Ms. Elizabeth Hodur
Warnaco, Inc.
90 Park Avenue
New York, N.Y. 10016

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

Dear Ms. Hodur:

In your letter dated March 27, 2000, on behalf of CK Jeans, you requested a classification ruling.

The sample submitted, style number ZM55M1020, is a man's pair of trousers. The trousers are constructed of a shell that is composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester tricot fabric on the inner surface with a polyurethane resin in between.

The trousers have a fly front opening that is secured by a zipper and a one-button closure on the front waistband. The trousers also have five belt loops surrounding the waistband and a leather patch on the rear portion of the waistband, which features the "CK Calvin Klein Jeans" logo. The trousers feature two front pockets, an additional smaller pocket inside the right front pocket and two rear pockets.

The sample is being returned to you as you have requested.

This garment is eligible for classification as water resistant. 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 7.3 percent ad valorem.

If the trousers 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 28.6 percent ad valorem.

The trousers fall within textile category designation 647. 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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