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NY M85612

August 02, 2006

CLA-2-62:RR:NC:TA:357 M85612


TARIFF NO.: 6210.50.5039

Ms. Lori J.P. Boullet
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of women’s ski pants from Vietnam or China. Correction to Ruling Number M84332

Dear Ms. Boullet:

This replaces Ruling Number M84332, dated July 19, 2006, which contained a clerical error. Rather than indicate the ten-digit HTSUS number as 6210.50.5039, the ruling showed 6210.50.5031. A complete corrected ruling follows.

In a letter dated June 16, 2006, you requested a ruling on women’s ski pants. This merchandise was the subject of a previous ruling, L88782, dated February 16, 2006, in which this merchandise was excluded from the statistical breakout for ski/snowboard pants as defined in Chapter 62 Statistical Note 4 of the Harmonized Tariff Schedule of the United States (HTSUS). The language of Note 4 has since been amended, effective July 1, 2006, and you ask whether the garment meets the new definition. The sample you submitted is being returned as you requested.

The item in question, style SL8212, is a pair of women’s ski pants with a shell made from a woven 100% nylon or polyester fabric visibly coated with a polyurethane plastics material. The garment has a fly front with a zipper, a double-snap closure and adjustment tabs with hook and loop closures at the waistband, a brushed tricot knit lining in the upper portion and a 100% nylon taffeta fabric in the lower legs, a nonwoven polyester insulation, zippered front pockets, rear pockets with hook and loop closures, hidden elastic leg sleeves, taping on the front rise (to the zipper opening), the rear rise and the area around the rear pockets and an additional piece of capping fabric around the bottom hem of each leg.

Statistical Note 4 of Chapter 62, HTSUS, list several features that a garment must have to be considered ski/snowboard pants for statistical purposes. Three additional features, one of which must also be present, are listed: side openings, scuff guards and reinforcement in the seat. Because none of these features is present, style SL8212 is not within the breakout for ski/snowboard pants.

The applicable subheading for the ski pants will be 6210.50.5039, which provides for other women’s or girls’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, trousers, breeches and shorts: ski/snowboard pants. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

These trousers fall within textile category designation 648. 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 William Raftery at 646-733-3047.


Robert B. Swierupski

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