CLA-2-62:RR:NC:TA:357 L88878
Mr. Tony Ferguson
Patagonia, Inc.
259 West Santa Clara St.
Ventura, CA 93001
RE: The tariff classification of men’s trousers from China
Dear Mr. Ferguson:
In your letter dated November 16, 2005, you requested a classification ruling. Samples were submitted and are being returned as you requested.
The first item, style 24805, Spraymaster Pants, is a men’s garment made from a knitted 100% nylon fabric with a coating or lamination on the inner surface. The pants are unlined with side seam zippers extending from the ankle to the waist. They have an elasticized waistband with a drawcord tightening, a woven fabric segment on the inner portion of each leg and in the seat area, and taped seams.
The second item, style 83795, Grade VI Pants, is a men’s garment made from a woven 100% nylon fabric with a coating or lamination on the inner surface. This garment has a partially elasticized waistband with a tunneled drawstring, zippers extending upward from the elasticized leg bottoms approximately 16-1/2” and taped seams.
In your letter you suggested that these trousers should be within the provisions for ski/snowboard pants.
Statistical Note 4 to Chapter 62, Harmonized Tariff Schedule of the United States (HTSUSA), provides a definition for ski and snowboard pants that are currently exempt from quota restraints. This definition does not include knitted or crocheted pants classified in Chapter 61, HTS, nor does it include garments lacking hidden elastic leg sleeves. Therefore, the submitted garments cannot be regarded as ski/snowboard pants for purposes of the definition, even if they may be used for those activities.
The applicable subheading for style 24805 will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other men’s or boys’ garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton, trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.
The applicable subheading for style 83795 will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other men’s or boys’ garments made up of fabric of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, other trousers, breeches and shorts. 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 HTSUSA 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 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 William Raftery at 646-733-3047.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division