The tariff classification of a nonwoven pant from China.

NY G89158 April 30, 2001 CLA-2-62:RR:NC:3:353 G89158 CATEGORY: Classification TARIFF NO.: 6210.10.9040 Ms. Bernadette Daniels Genghis Khan Service Inc. 161-15 Rockaway Blvd. Jamaica, NY 11434 RE: The tariff classification of a nonwoven pant from China. Dear Ms. Daniels: In your letter dated April 10, 2001, on behalf of Casuals Etcetera Inc., you requested a classification ruling. The sample will be returned per your request. The submitted sample is a Style 209500 pant constructed of nonwoven 60% super micro fiber nylon and 40% non-fibrous polyurethane fabric that you state is coated with a plastic material. The women’s pant features a front zipper with top button closure, five belt loops, and two front and two rear pockets. In addition, you state that you will be importing skirts and jackets of the same material. You state that the pant is coated and suggest classification under subheading 6210.50.5035. Examination reveals no coating that is visible to the naked eye. This lack of a plastic coating does not affect classification, because the garment is made of a nonwoven fabric of heading 5603. Chapter 56 Note 3 states that “Headings 5602 and 5603 cover respectively felt and nonwovens, impregnated, coated, covered or laminated with plastics or rubber whatever the nature of these materials (compact or cellular). Heading 5603 also includes nonwovens in which plastics or rubber forms the bonding substance.” The applicable subheading for the Style 209500 pant will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other.” The duty rate will be 16.3% ad valorem. Skirts and jackets of the same material would fall under this classification. The Style 209500 pant falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division