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NY I87128

October 28, 2002

CLA-2-62:RR:NC:TA:357 I87128


TARIFF NO.: 6203.43.3500; 6203.43.4010

Mr. Paul Meyer
NIK and Associates
800 S Hindery Ave. Unit A
Inglewood, CA 90301

RE: The tariff classification of men’s bib pants from China

Dear Mr. Meyer:

In your letter dated September 25, 2002, on behalf of JMI International, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 03YB91, is described as having a 100% nylon shell, polyester insulation and a urethane coating. The shell and lining are of a woven fabric, and the garment is insulated with a nonwoven batting. Features include front and back bibs, adjustable, elasticized shoulder straps, a two-way front zipper, two way zippers on the outside of each leg that extend the full length of each leg and hidden storm cuffs. The front bib does not provide substantial chest coverage.

This garment is eligible for classification as water resistant. If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men’s water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.2 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men’s trousers or breeches, of synthetic fibers. The duty rate will be 28.3 percent ad valorem.

These trousers fall within textile category designation 647. Based upon international textile trade agreements products of China are subject to quota 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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