The tariff classification of men’s pants from Dominican Republic

NY K89126 October 7, 2004 CLA-2-62:RR:NC:TA:355 K89126 CATEGORY: Classification TARIFF NO.: 6203.42.4015; 6203.43.4010 Ms. Jennifer Soto Exel Global Logistics, Inc. 10205 N.W. 19th St., Suite 101 Miami, FL 33172 RE: The tariff classification of men’s pants from Dominican Republic Dear Ms. Soto: In your letter dated September 10, 2004, you requested a classification ruling on behalf of Tropical Sportswear International. Five samples of men’s pants were submitted and will be returned. Style 100-767-750 is a man’s woven pant made from 100% polyester. The garment has two side seam pockets; a zippered front closure with two overlapping buttons and a clasp at the waistband; seven belt loops; pleated front panels; cuffed pant legs, and two rear pockets, one with a flap and both with button closures. Style 102-795-337 is a man’s woven pant made from 99% cotton and 1% “expandex”. (In a telephone conversation you stated that this fiber “expandex” is a type of elastomeric or rubberized fiber. For purposes of this letter, we will assume it is elastomeric fiber.) The garment has two side slash pockets; a zippered front closure with a button at the waistband; pleated front panels, hemmed leg openings; an expandable waistband; seven belt loops; and two rear welt pockets with button closures. Style 105-429-27E is a man’s woven pant made from 100% cotton. The garment has two side seam pockets; a zippered front closure with a button at the waistband; seven belt loops; plain front panels; hemmed leg openings; a small watch pocket on the right front panel; and two rear welt pockets with button closures. Style 100-81C-710 is a man’s woven pant made from 100% polyester. The garment has two side slash pockets; a zippered front closure with a button and a clasp at the waistband; seven belt loops; pleated front panels; cuffed pant legs; and two rear welt pockets with button closures. Style 112-795-34D is a man’s woven pant made from 99% cotton and 1% “expandex”. (In a telephone conversation you stated that this fiber “expandex” is a type of elastomeric or rubberized fiber. For purposes of this letter, we will assume it is elastomeric fiber.) The garment has two side slash pockets; a zippered front closure with a button at the waistband; nine belt loops; plain front panels; hemmed leg openings; and two rear welt pockets with button closures. The applicable subheading for styles 102-795-337, 105-429-27E, and 112-795-34D 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: Other: Trousers and breeches: Men’s: Other. The duty rate will be 16.6% ad valorem. The applicable subheading for styles 100-767-750, and 100-81C-710 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: Trousers and breeches: Men’s. The duty rate will be 27.9% ad valorem. Styles 102-795-337, 105-429-27E, and 112-795-34D fall within textile category designation 347. Styles 100-767-750 and 100-81C-710 fall within textile category designation 647. Based upon international textile trade agreements products of 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division