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NY H82618




July 25, 2001

CLA-2-62:RR:NC:WA:357 H82618

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Paul Meyer
Nik and Associates
800 S. Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of a man’s pair of high-rise suspender pants from China; Visibly Coated

Dear Mr. Meyer:

In your letter dated June 20, 2001, on behalf of JMI International, you requested a classification ruling.

The sample submitted, style number 02MA81, is a man’s pair of high rise suspender pants. The garment is constructed of a shell composed of a woven 100% nylon fabric that has a visible urethane coating on the inner surface. The garment is lined with a woven 100% polyester fabric which is quilted to a nonwoven batting insulation.

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 pants have sewn-on elasticized suspenders with adjustable plastic buckles, an elasticized rear waist and two front pockets with zipper closures below the waist. The garment also has a full side opening along the outer seam of each pants leg that is secured by a double pull zipper closure and elasticized inner storm cuffs that are secured around the ankle area by two snap closures. The bottom of the left pants leg has reflective embroidery that features the “Polaris Indy Tex” logo. The bottom of the right pants leg has two reflective rubberized patches. One patch features the “Polaris” and “MVT” logo.

The sample is being returned to you.

The applicable subheading for the garment 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: other trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

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