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NY 853570


July 13,1990

CLA-2-62:S:N:N3I:357 853570

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6204.63.3000; 6204.63.3510

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of two women's windbreaker-type jackets, and two pairs of women's trousers from China or Hong Kong.

Dear Mr. Maloney:

In your letters dated June 15, 1990, and June 18, 1990, on behalf of your client Odyssey International Ltd., you requested a tariff classification ruling.

The samples submitted, styles DB-274WMP and DB-275WMP are two women's warm-up suits. Each warm-up suit consists of a windbreaker-type jacket and a pair of trousers constructed of a woven 100% nylon fabric shell. You state that the jacket and trousers of style
DB-274WMP and the trousers of style DB-275WMP are coated with 450mm acrylic rendering the garments water resistant. You further state that the teal and blue colored fabrics used in the construction of the jacket of style DB-275WMP is not water resistant. Each garment is lined with a knit 65% polyester/35% cotton fabric.

The coating on the jacket and trousers of style DB-274WMP and the coating on the trousers of style DB-275WMP are not separately visible, therefore HTS 6210 does not apply.

The jackets of styles DB-274WMP and DB-275WMP have a full front opening with a heavy duty zipper closure and feature contrasting colored fabric inserts. The waistband and sleeve cuffs are elasticized and there are two slash pockets at the waist. Style
DB-274WMP has a stand-up collar with a drawstring. Style DB- 275WMP has a button closure on the collar.

The trousers of styles DB-274WMP and DB-275WMP have an elasticized waistband with a drawstring tightening and two slash pockets below the waist. Each trouser leg features an 8 inch zipper opening at the bottom and an elasticized ankle cuff.

Our Headquarters office has ruled that lined garments are not considered track suits.

Both components of styles DB-274WMP and DB-275WMP are not considered to be an ensemble. They are not composed of identical fabric and color.

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

If the jacket of style DB-274WMP 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jacket of style DB-274WMP does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5010 which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The applicable subheading for the jacket of style DB-275WMP, will be 6202.93.5010, HTS which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

If the trousers of styles DB-274WMP and DB-275WMP pass the water resistance test, then the applicable HTS subheading for the garments will be 6204.63.3000, which provides for other women's trousers of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the trousers of styles DB-274WMP and DB-275WMP do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6204.63.3510, which provides for other women's trousers, of synthetic fibers. The rate of duty will be 30.4 percent ad valorem.

The jackets fall within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements, products of China are presently subject to quota restraints and a visa requirement. Products of Hong Kong are not presently subject to quota restraints but a visa is required.

The designated textile and apparel category 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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