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NY L86769




August 26, 2005

CLA-2-62:RR:NC:WA:357 L86769

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Spencer Hutchins
AKA International, Inc.
1200 South 192nd Street
Suite 103
Seattle, WA 98148

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

Dear Mr. Hutchins:

In your letter dated July 25, 2005, on behalf of Earth Products, you requested a classification ruling.

The samples submitted, style numbers S4831 “Men’s Snowboard Bibs”, and 4845 “Men’s Snowboard Bibs”, are two pairs of men’s pants. In a phone conversation and in a fax submitted it was stated that both pants are constructed of a shell composed of a woven 60% nylon/40% polyester fabric which has a visible waterproof breathable coating on the inner surface. Style number S4831 is lined in the upper portion of the garment with a knit mesh fabric and in the lower portion with a woven fabric. Style number 4845 is lined in the upper and lower portions of the garment with both knit and woven fabric.

Style S4831 has a rear bib with elasticized suspenders secured to the front portion of the waistband by a snap closure. The pants have a fly front zipper opening that has an overlapping flap secured by a hook and loop fastener and two snaps and a pull tab with the “Earthy” logo on the front portion of the waistband. The waistband also has two side seam adjustable tabs with a plastic buckle secured by a hook and loop fastener, six textile belt loops, one plastic belt loop that has the “Planet Earth” logo and a hanging plastic “D” ring. The garment has a right front coin pocket, two front pockets secured by a zipper closure and two zippered rear pockets with flaps secured by a hook and loop fastener below the waist. The pants have long hemmed trouser legs that flare at the bottom and have a zipper opening at the ankle to accommodate boots, a zipper opening with a mesh insert on the inner portion of the thigh area for ventilation, two zippered pockets and two additional bellows pockets also with a zipper closure and a flap secured by a hook and loop fastener on the thigh area and an inner storm cuff with elastic tightening at the ankle. Style 4845 has a rear bib with elasticized suspenders secured to the front portion of the waistband by a snap closure. The pants have a fly front zipper opening covered by an overlapping flap with a metal hook and eye fastener and two buttons with the “Holden” logo on the front portion of the waistband. The waistband has five textile loops, two additional leather loops in the rear, one of which features the “Holden” logo, and a partially elasticized self-fabric rear belt. The adjustable rear belt has pull tabs and hook and loop fasteners and is secured to each side of the waistband by a metal buckle. The garment also has a half zipper on the upper rear portion of the waistband. In a phone conversation you indicated that the half zipper may be used to attach an optional vest that is sold separately and will not be imported with the trousers. The garment has two front pockets with zipper closures, a small pocket with a hook and loop fastener above the right front pocket and two rear pockets with zipper closures below the waist. The pants have long trouser legs that flare at the bottom and have a zipper opening with a gusset at the ankle to accommodate boots, a zipper opening with a mesh insert on the inner portion of the thigh area for ventilation, a leather label that features the “Holden” logo in metal lettering on the right thigh, an inner storm cuff with elastic tightening at the ankle and a strip of leather surrounding the bottom edge of each trouser leg.

The samples are being returned to you as you have requested.

In your letter you suggested classification in HTS subheading 6210.40.5040. Classification of garments as trousers is not affected by the presence of a rear bib, regardless of the height. Therefore, the applicable subheading for both 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 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.

Both pants fall within textile category designation 647. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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