NY 876204 - The tariff classification of a man's coated track suit from China - United States International Trade Commision Rulings

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NY 876204

JULY 28, 1992

CLA-2-62:S:N:N3I:357 876204

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1020; 6210.40.1035

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

RE: The tariff classification of a man's coated track suit from China

Dear Mr. Maloney:

In your letter dated July 7, 1992, on behalf of your clients, Hard Corp Sports and Frank Shorter Sports, you requested a classification ruling.

The sample submitted, style number 26608, is a man's track suit consisting of a windbreaker-type jacket and pair of trousers constructed of an outershell composed of a woven 100% polyester fabric. The jacket and trousers are visibly coated on the inner surface with polyurethane. Both the jacket and trousers are lined with a mesh "COOLMAX" fabric.

The jacket has a stand-up collar and a full front opening secured by a heavy-duty zipper that extends to the top of the collar. Hanging from the zipper pull is a metal tag depicting five runners on one side and the "Frank Shorter Sports" logo on the other. The trademark five runners and the "Frank Shorter Sports" logo is also embroidered onto the jacket's left chest. The garment has a drawcord with plastic cord stoppers through the bottom hem. The sleeve cuffs are elasticized. There are two zippered front slant pockets at the waist. The jacket's free hanging back yoke covers a mesh opening.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there is a zippered right rear pocket. Each trouser leg has an elasticized cuff and a zipper opening. Embroidered onto the bottom of the right trouser leg is the trademark five runners and the "Frank Shorter Sports" logo.

You state that the garments may be imported together on the same shipment or they may be imported separately with the jacket on one shipment and the trousers on another shipment. Regardless of whether the garments are imported on separate shipments or together on the same shipment and even if they will be marketed as a track suit as you have indicated, these garments will be classified as separates pursuant to HTSUS, Chapter 62, Note 5, which requires them to be classified in heading HTS, 6210.

The sample is being returned to you as you have indicated.

The applicable subheading for the jacket will be 6210.40.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men's or boys' garments: of man-made fibers, other: anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the trousers will be 6210.40.1035, HTS, which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men's or boys' garments: of man-made fibers, other: trousers, breeches and shorts. The duty rate will be 7.6 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 China 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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