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NY I86281

October 4, 2002

CLA-2-62:RR:NC:WA:357 I86281


TARIFF NO.: 6210.40.5030

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s pair of trousers from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated September 5, 2002, you requested a classification ruling.

The sample submitted, style number 9170, is a man’s pair of trousers constructed of a shell composed of a woven trilobal ripstop 100% polyester fabric which has a visible polyurethane coating on the inner surface. The trousers are lined with a mesh 100% polyester fabric. The garment will also be imported for a different division of Hartwell Industries, under style numbers 910M in men’s sizes and 910YM in boy’s sizes.

The trousers have an elasticized waistband with an inner drawcord tightening and two side seam pockets and a right rear pocket below the waistband. The garment features long trouser legs which have a zipper opening with a gusset at the bottom hem.

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.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are presently subject to quota restraints but a visa is not required. Products of Ethiopia and Vietnam are presently neither subject to quota restraints nor 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.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with “Burma,” “Myanmar/Burma,” or “Burma/Myanmar,” to satisfy the requirements of 19 U.S.C. 1304.

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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