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NY J82742

April 15, 2003

CLA-2-62:RR:NC:WA:357 J82742


TARIFF NO.: 6210.40.5030

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

RE: The tariff classification of a man’s pair of suspender ski-pants from China

Dear Ms. Nichols:

In your letter dated March 18, 2003, you requested a classification ruling.

The sample submitted, style number 1217 “Dare Pant,” is a man’s pair of suspender pants constructed of a shell composed of a dobby weave 100% nylon fabric which has a visible 100% polyurethane waterproof breathable membrane on the inner surface and a fluorocarbon water repellent finish on the outer surface. The garment is lined with a 100% nylon taffeta fabric and has a nonwoven polyester batting insulation. The ski-pants are designed for winter sports, primarily skiing or snowboarding.

The ski-pants have a fly front opening with a zipper closure. A tab with a snap closure, a hook and loop fastener and a metal hook and slide fastener secure the front portion of the waistband. The waistband also has two side seam tabs with adjustable snap closures and an elasticized rear waist. The ski-pants feature a high rear panel that is composed of a mesh fabric. The mesh panel has elasticized suspenders that are worn over the shoulders and are secured to the front portion of the waistband by plastic buckles. The garment has two front pockets with zipper closures below the waist, a key holder clasp inside the right front pocket, long hemmed trouser legs with scuff guards on the lower portion of each leg and inner snow cuffs with gripper elastic. The “Spyder” logo is featured on the garment’s suspenders, on the gripper elastic on the snow cuffs, on the zipper pulls and on the trouser legs.

The sample is being returned to you.

The applicable subheading for the ski-pants 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 and 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 ski-pants 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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