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NY 871960

March 30, 1992

CLA-2-61:S:N:N3-I:356 871960

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6110.30.3050; 6203.43.3500

Mr. Stanley Shustin
Winer Industries, Inc.
404 Grand Street
Paterson, New Jersey 07505

RE: The tariff classification of boys' knit and woven garments from the Philippines.

Dear Mr. Shustin:

In your letter dated February 28, 1992, you requested a tariff classification ruling.

Style No. 3097 is a boys', size 8-20, long sleeved pullover which is constructed from 100 percent polyester, finely knit fabric with woven fabric trim. The garment features a convertible collar; a partial front opening with four snap closures; an inset pocket on the left chest; side slit pockets; and elasticized rib knit capping at the cuffs and the waistband. The knit portion of the garment is heavily napped on both surfaces and forms the entire body of the garment. The woven portions of the garment consist of the placket; the one-half inch capping along the edge of the convertible collar; and the chest pocket flap. Your letter states that this garment will also be imported as Style No. 3188 for boys' sizes 4-7.

Style No. 3098 is a boys', size 8-20, long sleeved pullover which is constructed from 100 percent polyester, finely knit fabric with woven fabric overlays. The garment features a hood with a drawstring closure; a partial, front zippered opening with a two and three-quarter inch wide storm flap and three snap closures; a center inset pocket with a zipper closure which is covered by a flap and two snap closures; slanted welt pockets; and a tunnel waist with a drawstring closure. The knit portion of this garment is heavily napped on both surfaces and forms the entire body of the garment. The woven overlays are located on the outer portion of the hood, the major outer portion of each sleeve, and the major portion of the upper front and back panels. The storm flap, the center pocket flap, the elasticized cuffs, and the welt pocket openings are entirely constructed of woven fabric. The essential character of the garment is imparted by the knit portions. Your letter states that this garment will also be imported as Style No. 3189 for boys' sizes 4-7.
Style No. 3099, in size 8-20, is a pair of boys' trousers which are constructed from a 100 percent nylon woven fabric with a 450 mm polyurethane water resistant coating. The garment features an elasticized waistband; elasticized pant leg openings; and a knit lining. Your letter states that this garment will also be imported as Style No. 3190 for boys' sizes 4-7.

The applicable subheading for Style Nos. 3097, 3188, 3098, and 3189 will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys.' The duty rate will be 34.2 percent ad valorem.

Style Nos. 3097, 3188, 3098, and 3189 fall within textile category designation 638. Based upon international textile trade agreements, products of the Philippines are subject to visa require- ments and quota restraints.

If meeting the regulations of chapter 62, additional U.S. note 2, then the applicable subheading for style numbers 3099 and 3190 will be 6203.43.3500 at a duty rate of 7.6 percent ad valorem and textile category 647. If not, then the applicable subheading will be 6203.43.4020 at a duty rate of 29.7 percent ad valorem and textile category 647.

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 sub- ject 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 already been filed, 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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