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NY 863062


June 4, 1991

CLA-2-62:S:N:N3I:357 863062

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.20.1565; 6211.20.7035; 6110.30.3035

Mr. Patrick Leung
Fera International Corp.
3521 Challenger Street
Torrance, California 90503

RE: The tariff classification of a woman's one-piece ski-suit and vest from Hong Kong

Dear Mr. Leung:

In your letter dated May 1, 1991, you requested a classification ruling.

The samples submitted for style number 11404 Diamond Suit, are a woman's one-piece ski-suit and vest. The ski-suit is constructed of a shell composed of a woven 100% nylon fabric which you state is coated with an acrylic milky coating rendering the garment water resistant. The garment has a 40gm. Thermoloft insulation. Imported with the ski-suit is a detachable belt composed of the same fabric as the garment shell on one side and an embroidery design fabric on the other. The belt is held to the ski-suit by belt loops on the garment's waistband.

The coating on the ski-suit does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The ski-suit has a zippered front opening, long sleeves and a double collar. The zippered front openings extends to the top of the inner collar. The outer collar is detachable and is held to the garment by a zipper. The top portion of the outer collar is composed of a knit 100% acrylic black pile fabric made into fake fur. The waistband, sleeve cuffs and ankle cuffs are elasticized. At the shoulders there is an overlay strip of fabric with an embroidery design. The embroidery design matches the embroidery on the belt. There are two zippered pockets below the waist and a zippered side seam pocket on the left leg.

The Customs Service has determined that belts and collars of these types imported and sold with a garment are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the garment.

The vest is waist length and is constructed of a knit shell composed of a 100% acrylic black pile fabric made into fake fur. The knit fabric has more than 9 stitches per 2 centimeters measured in the horizontal direction. The vest has woven 100% nylon fabric trimmings and is lined with a woven 100% nylon taffeta fabric. The garment is sleeveless, has a collar with a scoop neckline in the front, a full front opening secured by five snaps and an elasticized waistband.

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

If the ski-suit passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6211.20.1565, which provides for other women's water resistant ski-suits, other. The duty rate will be 7.6 percent ad valorem.

If the ski-suit does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6211.20.7035, which provides for other women's ski-suits, of man- made fibers, other. The duty rate will be 17 percent ad valorem.

The applicable HTS subheading for the vest will be 6110.30.3035, which provides for other vests, other than sweater vests, knitted or crocheted, of man-made fibers, women's or girls'. The duty rate will be 34.2 percent ad valorem.

The ski-suit and the vest each fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are not presently subject to quota restraints 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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