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NY K88523

September 2, 2004

CLA-2-62:RR:NC:WA:357 K88523


TARIFF NO.: 6210.40.5030

Ms. Maryellen Muller
Folsom Corporation
43 McKee Drive
Mahwah, N.J. 07430

RE: The tariff classification of a man’s pair of pants from Bangladesh

Dear Ms. Muller:

In your letter dated August 11, 2004, you requested a classification ruling.

The submitted sample, style 61643, was accompanied by a swatch of fabric composed of a woven 228T 100% nylon taslon fabric with a Teflon finish on the outer surface and a visible polyurethane coating on the inner surface. The swatch is representative of the fabric that will be used to manufacture the shell of the pants when they are imported into the United States.

The pants are lined with a woven taffeta fabric and have a nonwoven polyester batting insulation. The garment has a fly front opening that is secured by a zipper closure, a snap closure on the front portion of the waist and four belt loops surrounding the waist area. The rear portion of the waist is elasticized and is slightly higher than the front portion. The garment has two front pockets below the waist that are secured by web pull tabs with hook and loop fasteners and a self-fabric reinforced seat and scuff guard. The garment has long hemmed legs that feature articulated knees, a plastic “D” ring on the left thigh area, a gusset opening at the ankle area that has a web pull tab and a hook and loop fastener, and an inside gaiter with gripper elastic that is secured by a hook and loop fastener and a one-snap closure.

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

When constructed of the identical woven fabric you submitted, 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 7.1 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.


Robert B. Swierupski

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