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NY 872925




APRIL 28, 1992

CLA-2-62:S:N:N3:357 872925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010; 6204.63.3510

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
1515 Broadway
New York, N.Y. 10036

RE: The tariff classification of a woman's jacket and trousers from Taiwan

Dear Mr. Stack:

In your letter dated March 30, 1992, on behalf of Frederick Worldwide Company, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The merchandise in question, style C8599, consists of a woven jacket and pants set with shell fabric of trilobal nylon and a knit 65% polyester/35% cotton jersey lining. The jacket has a full-front zipper opening, elasticized cuffs and waist and side seam pockets. In addition to the jersey lining, the jacket has quilted batting on each sleeve from the neck seam to the cuff and on the front panels on each side of the zipper opening extending from the collar to the waistband.

The trousers have no opening at the waist. They have elasticized cuffs and waistband, side seam pockets and vertical zippers on each leg extending up from the ankle.

In your letter you suggested that this outfit is classifiable under the provisions for track suits in Heading 6211, HTS, citing a ruling from our Headquarters office involving a track suit with a minor amount of quilting on the sleeves. However, review of this sample indicates that it has considerably more batting and quilting than the subject of the ruling you cited.

The applicable subheading for the jacket portion of the outfit 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, not knitted or crocheted. The duty rate will be 29.5% ad valorem.

The applicable subheading for the trousers portion of the outfit will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's trousers and breeches of synthetic fibers, not knitted or crocheted. The duty rate will be 30.4% ad valorem.

The jacket and the trousers fall within textile category designations 635 and 648, respectively. Based upon international textile trade agreements products of Taiwan are 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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