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NY 863760


June 17, 1991

CLA-2-62:S:N:N3I:357 863760

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040; 6211.43.0050

Mr. Javed I. Chaudhry
Lloyds Mercantile Corporation
12 West 32nd Street
New York, N.Y. 10001

RE: The tariff classification of a unisex track suit from Pakistan, Bangladesh, India and the United Arab Emirates

Dear Mr. Chaudhry:

In your letter dated May 22, 1991, you requested a classification ruling.

The sample submitted for style numbers 9000, 9001, 7000 and 7001, is a unisex track suit. The track suit consists of a jacket and pair of trousers constructed of a shell composed of a 100% nylon fabric. The jacket and trousers are lined with a knit 50% polyester/50% cotton fabric.

We can only rule on the submitted sample. Any change in the construction of the lining could have an impact on the classification of the track suit.

The jacket has a full front opening secured by a heavy-duty zipper which extends to the top of the collar. There are two zippered front pockets at the waist and contrasting colored fabric inserts on the front panels and sleeves. The sleeve cuffs and waistband are elasticized.

The trousers have an elasticized waistband with a drawstring tightening. There are two side seam pockets below the waist. The ankle cuffs are elasticized and have a zipper opening.

If the track suit is sold to both males and females and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS subheading covering women's garments.

The applicable subheading for the jacket will be 6211.43.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments, of man-made fibers, track suits, other. The duty rate will be 17 percent ad valorem.

The applicable subheading for the trousers will be 6211.43.0040, HTS, which provides for other women's garments, of man-made fibers, track suits, trousers. The duty rate will be 17 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Bangladesh and India are presently subject to quota restraints and the requirement of a visa. Products of Pakistan and the United Arab Emirates are not presently subject to quota restraints but a visa is required.

The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Pakistan, Bangladesh, India and the United Arab Emirates are presently subject to quota restraints and the requirement of a visa.

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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