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NY 864245

June 27, 1991

CLA-2-62:S:N:N3I:357 864245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0050; 6211.43.0040

Ms. Charise Graham
W.G. Carroll, Inc.
185 East Bay Street, Suite 204
P.O. Box 685
Charleston, South Carolina 29402

RE: The tariff classification of track suits from Macau

Dear Ms. Graham:

In your letter dated June 4, 1991, on behalf of Family Dollar Stores, Inc., you requested a tariff classification ruling.

The sample submitted for style numbers 9513 and 9511 is a woman's track suit consisting of a jacket and pair of trousers constructed of shells composed of a 100% nylon fabric which you state has been treated for water resistance. Both garments have a lining composed of a knit 65% polyester/35% cotton fabric.

The jacket is a hip-length garment with a full front opening secured by a heavy-duty zipper closure. There are two zippered front pockets at the waist and a stand-up collar with a drawstring. 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.

We can only rule on the woman's track suit. We cannot rule on the man's track suit without a submission of a sample for our examination.

The question of classification for the boy's track suit is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

The Customs Service has ruled that the provisions for track suits prevail over the water resistant provisions.

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. The trousers fall within textile category designation 648. Based upon international textile trade agreements, products of Macau 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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