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NY N022002

February 12, 2008



TARIFF NO.: 6113.00.9044

Mr. David C. Williams, Esq.
DC Williams & Associates
8 Brook Lane
Cortlandt Manor, New York 10567

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

Dear Mr. Williams:

In your letter dated January 14, 2008, on behalf of your client, Kindnoon Offshore Trading Co., Ltd., you requested a classification ruling.

The sample submitted, style number H7B “Men’s Camouflage Bib Pants,” is a man’s pair of high rise suspender pants with a printed camouflage design shell composed of a brushed flat knit 100% polyester fabric which has a visible polyurethane lamination on the inner surface. The pants are lined with a knit 100% polyester fabric that is quilted to a nonwoven batting insulation.

The pants have elasticized suspenders that are secured on the front portion of the garment by plastic buckles, a fly front zipper opening covered by an overlapping flap with two snap closures, a partially elasticized rear waist, two front slant pockets, two rear pockets with flaps secured by snap closures, two side seam v-shaped ribbed-knit fabric inserts above the waist and long legs with a 32-inch side seam zipper opening covered by an overlapping flap with snap closures and a tab with a hook and loop fastener at the ankle. The “Artic Shield” tradename and logo and the “H7 Pro Series” logo are featured on the front pocket flaps.

The rise on the front portion of the pants does not extend sufficiently above the natural waistline to significantly cover the chest area.

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

The applicable subheading for the trousers will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: Trousers, breeches and shorts: other: men’s or boys’. 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/.

The trousers fall within textile category 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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