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NY K88125




August 11, 2004
CLA-2-62:RR:NC:WA:357 K88125

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.3500; 6203.43.4020

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a boy’s pair of trousers from Bangladesh

Dear Ms. Monahan:

In your letter dated July 21, 2004, you requested a classification ruling.

The sample submitted, style number B35N24M, is a boy’s pair of trousers. In a fax you submitted it was indicated that the garment’s shell fabric is composed of a camouflage design 65% nylon/35% cotton fabric that has a polyurethane coating. The trousers are unlined.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The trousers have a fly front zipper opening secured by a one-button closure on the front portion of the waist and a bungee drawcord tightening with stoppers through the waist. The button closure features the “Unionbay” tradename. The garment has two front pockets and two rear pockets below the waist. The rear pockets have flaps secured by hook and loop fasteners. The garment features long hemmed trouser legs that have two double entry cargo-style pockets on each thigh that are secured by a flap with a hook and loop fastener at the top and by a zipper closure on the side, a reflective strip featuring a hologram and the “UB” logo on the lower portion of the left thigh, articulated knees and a vent opening at the ankle area that is secured by a tab with hook and loop fasteners.

The sample is being returned to you as you have requested.

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 or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4020, which provides for other: boys’ trousers and breeches: of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Bangladesh 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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