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NY J80543

February 21, 2003

CLA-2-62:RR:NC:WA:357 J80543


TARIFF NO.: 6210.50.5035

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

RE: The tariff classification of a woman’s pair of suspender pants from China

Dear Ms. Nichols:

In your letter dated January 31, 2003, you requested a classification ruling.

The sample submitted, style number 2006 “Women’s Keystone Pant,” is a woman’s pair of suspender pants constructed of a shell composed of a woven rip-stop 100% nylon fabric which has a visible polyurethane waterproof, breathable laminate on the inner surface and a “Spylon” fluorocarbon water repellant finish on the outer surface. The trousers are lined with a woven 100% nylon taffeta fabric and have a nonwoven 100% polyester batting insulation. The trousers are used in winter sports, primarily ski or snowboarding.

The trousers have a waistband that features elastic in the rear, an adjustable snap tab on each side and a fly front opening secured by a zipper closure. A tab with a metal clasp, a snap closure and a hook and loop fastens the front portion of the waistband. The garment has removable elasticized suspenders that are held to the garment by tabs with a snap closure that are secured through loops on the inner surface of the waistband. The garment also features two front pockets with zipper closures below the waist, a key holder clasp inside the right front pocket, long trouser legs with a zipper opening, partial elastic, scuff guards and a tab with a snap closure at the ankle, and an inner nylon taffeta snow cuff that has gripper elastic, a hook and loop fastener and a snap closure. The “Spyder” logo is featured on the garment’s suspenders, on both legs, on the snaps and zipper pulls, and on the gripper elastic on the inner snow cuff.

The sample is being returned to you.

The Customs Service has determined that trousers and suspenders of this type imported and sold together are composite goods. The trousers and suspenders are separable, yet are adapted to one another and mutually complementary. The textile loops on the inner portion of the trousers waist accommodate the suspenders. The classification is based on which portion provides the essential character. In this case it is the trousers. The suspenders are not regarded as a separate item for duty or quota purposes.

The applicable subheading for the trousers will be 6210.50.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The trousers falls within textile category designation 648. 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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