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NY I80986

May 3, 2002

CLA-2-62:RR:NC:WA:355 I80986


TARIFF NO.: 6203.42.4010

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd flr
New York, NY 10167-3397

RE: The tariff classification of men’s jeans from Mexico

Dear Ms. Goldfischer:

In your letter dated April 30, 2002, you requested a classification ruling on behalf of Sun Apparel of Texas, Ltd.

You submitted a garment identified as style Y-1423. It is a pair of men’s blue denim cargo jeans, stated to be made of 100 percent cotton woven fabric. The garment features a zippered fly front with a one button closure at the waistband, two back pockets with snapped flaps, two side pockets, and two front leg carpenter pockets. The garment features patches and labels which have the flag of the United States as a component of the Ralph Lauren trademark. This distinctive flag marking appears on the sizing label which is sewn over the waistband in the back of the garment. This is made of paper. There is also a paper hangtag with the same flag trademark on the front of the garment, attached near the zippered opening, and a third paper card bearing the trademark with US flag on the left front cargo pocket. The card measures approximately four by six inches, the flag measures one by one half inch. On the inside of the waistband, the fabric Polo Jeans Company patch also has the flag on it as a part of the trademark design, and the Letters, “U.S.A.” are ink stamped onto the flap of the left front cargo pocket. The “U.S.A” lettering is approximately one inch high. Neither the display of the trademark with the United States flag nor the stamped letters “U.S.A.” trigger the additional marking requirements of 19 C.F.R. 134.46. They are all part of the integral design of the garment.

The applicable subheading for style G-2810 will be 6203.42.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, trousers and breeches, men’s, blue denim. The duty rate will be 16.8 percent ad valorem.

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 Camille R. Ferraro at 646-733-3046.


Robert B. Swierupski

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