NY 0870303 - The tariff classification of a unisex jacket and pair of trousers from Japan, Macau or Hong Kong - United States International Trade Commision Rulings

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NY 870303

JANUARY 27, 1992

CLA-2-62:S:N:N3I:357 870303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010; 6104.63.2010

Mr. Hugh Walton
DashAmerica, Inc.
2300 Central Avenue, Suite G
Boulder, Colorado 80301

RE: The tariff classification of a unisex jacket and pair of trousers from Japan, Macau or Hong Kong

Dear Mr. Walton:

In your letter dated December 26, 1991, on behalf of Pearl Izumi, you requested a classification ruling.

Two samples were submitted as follows: Style number 375 is a unisex hip-length jacket primarily designed for cycling. The jacket is constructed of a woven fabric body with the lower back and a strip along the length of each sleeve constructed of a knit fabric. The woven portion of the garment is made of a 100% polyester microfibre material "Silmond" which is stated to be water resistant. The knit portion of the garment is made of a 90% polyester/10% spandex material.

The jacket has a full front opening with a heavy-duty zipper closure that extends to the top of the collar. There are two zippered front pockets at the waist and a zippered center pocket on the lower back. An elastic drawcord with a plastic cord stopper is located through the bottom hem.

The jacket is classifiable as a woven garment. The knit portion of the garment which is an area of non-treated fabric is substantial. As a result of this the jacket is not considered water resistant.

Style number 450 is a unisex pair of trousers primarily designed for cycling. The trousers are constructed of a knit portion and a woven portion. The knit portion is composed of 90% polyester/10% spandex material. The woven portion which is located on the front of the trousers is composed of a 100% nylon fabric coated with "Entrant" which is stated to be water proof.

The trousers have an elasticized waistband with a small inside pocket and an elasticized drawcord tightening. Featured at the bottom of each trouser leg is elastic tightening and a zipper opening.

The trousers are classifiable as a knit garment.

If the jacket and trousers are sold to both males and females and cannot be identified as exclusively men's then the applicable classification for the garments will be in the HTS subheading covering women's garments.

The samples are being returned to you.

The applicable subheading for the jacket will be 6202.93.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the trousers will be 6104.63.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's trousers and breeches, knitted or crocheted, of snythetic fibers. The duty rate will be 30 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. Products of Japan and 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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