The tariff classification of men’s pants from the Dominican Republic

NY J81970 March 13, 2003 CLA-2-62:RR:NC:WA:355 J81970 CATEGORY: Classification TARIFF NO.: 6203.42.4015; 6203.43.4010 Ms. Jennifer Soto Exel Global Logistics, Inc. 10205 N.W. 19th Street, Suite 101 Miami, FL 33172 RE: The tariff classification of men’s pants from the Dominican Republic Dear Ms. Soto: In your letter dated March 5, 2003, you requested a classification ruling on behalf of Tropical Sportswear International. Three samples of men’s pants were submitted and will be returned as you have requested. Style 107-250-310 is a man’s woven pant made from 54 percent Sensura® and 46 percent cotton. The garment has two front side pockets located at the hip area with a zippered front closure and a button as the waistband. The garment has two rear pockets, both with a button closure. The pant will be imported in sizes 32-42. Style 107-250-323 is a man’s woven pant made from 54 percent Sensura® and 46 percent cotton. The garment has two front side pockets located at the hip area, with a zippered front closure with a button at the waistband. The garment has two rear pockets, both with a looped button closure and will be imported in sizes 32-42. Style 107-350-310 is a man’s woven pant made from 100 percent cotton. The garment has two front pockets located at the hip area, a small pocket on the waist with a button flapped closure, a zippered front closure with a button at the waistband, and two rear pockets, both with button flapped closures. The garment will be imported in sizes 30-42. The applicable subheading for style 107-350-310 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton. other, trousers and breeches, men’s, other. The duty rate will be 16.7 percent ad valorem. The applicable subheading for styles 107-250-310 and 107-250-323 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, other, trousers and breeches, men’s. The duty rate will be 28.1 percent ad valorem. In your letter you referred to the polyester fiber by its trademarked name Sensura®, and that is the name used on the fiber identification label sewn into the pants. Please note that the Federal Trade Commission requires that generic names, not trade names, be used for fiber product identification. In this instance, it would be correct to identify the fiber content for styles 107-250-310 and 107-250-323 as 54 percent polyester and 46 percent cotton, and label the garments accordingly. Styles 107-250-310 and 107-250-323 fall within textile category designation 647. Style 107-350-310 falls within textile category designation 347. Based upon international textile trade agreements products of the Dominican Republic 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 Camille R. Ferraro at 646-733-3046. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division