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NY G86426

January 31, 2001

CLA-2-62:RR:NC:WA:357 G86426


TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of a man's pair of high rise suspender pants from Sri Lanka

Dear Mr. Ralston:

In your letter dated January 10, 2001, on behalf of Jupa Sports, Inc., you requested a classification ruling.

The sample submitted, style number 1902, is a man's pair of high rise suspender pants. The garment is constructed of a shell that is composed of a woven 100% nylon fabric that has a polyurethane coating on the inner surface. The garment is lined with a woven man-made fiber fabric and has a nonwoven batting insulation.

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

The garment has a front opening that is secured by a zipper closure. The top portion of the garment's front panel does not extend sufficiently above the natural waistline to be considered a bib overall. The garment has sewn-on elasticized suspenders with plastic buckles, an elasticized rear waist, two front pockets with zipper closures below the waist and an inner storm cuff with elastic tightening at the bottom of each trouser leg.

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

If the 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 7.2 percent ad valorem.

If the garment 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 28.4 percent ad valorem.

The garment falls within textile category designation 647. Based upon international textile trade agreements products of Sri Lanka 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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