NY 0860424 - The tariff classification of men's "Gore-Tex"-lined garments from Hong Kong - United States International Trade Commision Rulings

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NY 860424

MAR 08 1991

CLA-2-62:S:N:N3I:357 860424

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0075

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of men's "Gore-Tex"-lined garments from Hong Kong

Dear Mr. Wortman:

In your letter dated February 11, 1991, on behalf of your client Etonic, Inc., you requested a classification ruling.

Three samples were submitted as follows: Style number 4500 is a man's pullover constructed of an outershell composed from a 100% cotton, finely knit, pique fabric containing 14 stitches per 2 centimeters. The garment is lined with a woven 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The pullover features a mock turtleneck and long sleeves with woven fabric elbow and shoulder patches. The sleeve cuffs and waistband are composed of a ribbed-knit fabric. A textile label above the front waistband features the trade name "Gore XCR".

Style number 4501 is a man's vest constructed from a knit 100% cotton fabric outershell. The garment is lined with a woven 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The vest is sleeveless and has a V-neckline, oversized armholes and a full front opening secured by four button closures. There are two front pockets at the waist. The borders surrounding the garment are composed of a ribbed-knit fabric. A textile label above the front waistband features the trade name "Gore XCR".

Style number 4502 is a man's pullover vest constructed from a knit 100% cotton fabric outershell. The garment is lined with a woven 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The vest is sleeveless, has oversized armholes and a V- neckline. The borders surrounding the neck, armholes and waistband are composed of a ribbed-knit fabric. A textile label above the front waistband features the trade name "Gore XCR".

The samples are being returned to you as you have requested.

The applicable subheading for style numbers 4500, 4501 and 4502 will be 6113.00.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other, men's or boys, of cotton. The duty rate will be 7.6 percent ad valorem.

Style numbers 4500, 4501 and 4502 fall within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are not presently subject to quota but a visa is required.

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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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