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NY H85635

October 31, 2001
CLA-2-62:RR:NC:WA:357 H85635


TARIFF NO.: 6210.40.5030

Ms. Sasha Craig
OmniTrans, Inc.
407, Rue McGill
Bureau 900
Montreal, Quebec
H2Y 2G3

RE: The tariff classification of a boy’s pair of trousers from China; Visibly Coated

Dear Ms. Craig:

In your letter dated September 10, 2001, on behalf of Total Kids Wear, Inc., you requested a classification ruling.

The sample submitted, style number Y6W3401, is a boy’s pair of trousers that is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The trousers have an elastic waistband and an additional elasticized belt through the waistband that is secured by a plastic buckle. The garment also has two zippered front pockets with textile pull tabs below the waist, a right rear pocket with a flap secured by two hook and loop fasteners, two cargo pockets on the lower portion of the thigh area that are secured by a flap with two hook and loop fasteners and a zipper opening at the bottom of each trouser leg. The trousers feature a zipper opening at the knee area and an elasticized drawcord with a plastic cord lock above the zipper area. When unzipped the lower portion of the trouser leg can be removed allowing the trousers to be worn as a shorter garment.

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

In your letter you indicated a request for the ASTM water resistance test. Please note that goods classifiable in heading 6210, HTS, and any other heading within Chapter 62, excluding heading 6209, are to be classified in heading 6210, for which water resistance is not a consideration. Therefore, the garment as it is constructed would not be subject to water resistance testing.

The trousers fall 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 646-733-3047.


Robert B. Swierupski

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