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NY H81792

June 28, 2001

CLA-2-62:RR:NC:WA:357 H81792


TARIFF NO.: 6210.40.5030

Ms. Lisa Zwaga
LaCrosse Footwear, Inc.
3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a man’s pair of trousers from China, Korea, Taiwan and the Philippines

Dear Ms Zwaga:

In your letter dated June 1, 2001, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

Two samples were submitted as follows: Style number CP-01-03WP, “Reflective Rain Pant,” is a woman’s pair of trousers that is constructed of a woven 100% polyester pongee fabric which has a visible polyvinyl chloride on the inner surface.

The trousers have an elasticized waistband with adjustment tabs on each side that are secured by hook and loop closures and a full side opening along the outer seam of each trouser leg that is secured by a zipper closure. A double storm flap with reflective piping and hook and loop fasteners covers the zipper area. The garment has a bellows pocket with reflective sides on the left thigh. The pocket is secured by a zipper closure and a flap with a hook and loop fastener and has a rubberized label that features the “Motor Harley-Davidson Cycles” logo. The garment also has reinforced knee patches with darts at seams, a “Rear End Traction” embossed overlay that is composed of a polyvinyl chloride, and woven fabric heat shields on the lower portion of the trouser legs. The trousers legs feature a pocket on the inner portion of the ankle cuffs that holds a sewn-on retractable shoe cover. The top portion of the shoe cover is composed of the same fabric as the trousers and has a “Cordura” fabric toecap for extra abrasion resistance and an elastic stirrup for a snug fit. The bottom portion of the shoe cover is composed of a slip resistant rubber sole. When the shoe cover is not in use it can be folded and stored within the pocket by hook and loop closures.

We cannot give you a classification for the sample style number CP-01-03WJ, “Ladies Reflective Flameprint Jacket”. In a phone conversation and in information you submitted with your letter it was indicated that when imported the jacket would not be constructed exactly as the sample garment. Please submit a sample of the jacket exactly as it will be imported into the United States.

The samples are being returned to you as you have requested.

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: trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of China, Korea, Taiwan and the Philippines 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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