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NY 868103


NOVEMBER 8, 1991

CLA-2-62:S:N:N3I:357 868103

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3520; 6203.43.3500; 6203.43.4020

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of a boy's jacket and pair of trousers from Korea

Dear Ms. Friedman:

In your letters dated September 12, 1991 and October 21, 1991, on behalf of your client Jonathan Stone Ltd., you requested a classification ruling.

The samples submitted for style number 22610 are a boy's size 14 to 16 jacket and pair of trousers constructed of a woven 100% nylon fabric shell which you state are coated with an acrylic resin rendering them water resistant. The garments have a knit 65% polyester/35% cotton fabric lining.

The coating on the jacket and trousers does not change the surface character of the fabric, therefore HTS 6210 does not apply.

The jacket is composed of contrasting colored and print design fabric inserts. There is a full front opening secured by a heavy-duty zipper closure. The sleeve cuffs and waistband are elasticized. The collar has a drawcord tightening and there are two zippered front pockets at the waist.

The trousers are also composed of contrasting colored inserts. A print design insert is featured along the length of the right leg. The waistband and ankle cuffs are elasticized. There is a drawcord tightening through the waist and two front pockets below.

The track suit provisions in Chapter 62, HTS, are use provisions, governed by principal use. In order for sets to be classified as track suits, they must be principally used for running or jogging. Because no evidence has been presented showing that merchandise in these sizes is principally used for these activities, the goods are not classified as track suits.

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

If the jacket 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 6201.93.3000, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3520, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers and breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4020, which provides for other boys' trousers and breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Korea 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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