NY 876444 - The tariff classification of a woman's coated warmup suit from Malaysia - United States International Trade Commision Rulings

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NY 876444

JULY 31, 1992

CLA-2-62:S:N:N3I:357 876444

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1020; 6210.50.1035

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a woman's coated warmup suit from Malaysia

Dear Ms. Kelly-Kobayashi:

In your letter dated July 14, 1992, you requested a classification ruling.

The sample submitted, style number 27605, is a woman's warmup suit consisting of a windbreaker-type jacket and a pair of trousers with 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 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. A single female runner and the "FSW" trademark are embroidered onto the left chest. The jacket has elasticized sleeve cuffs. The waistband has a drawcord with plastic cord stoppers and is elasticized on the back. On the jacket's front panel above the waistband there is a textile label featuring the Teijin tradename "Microft Light". Two front slanted pockets with zipper closures are located at the waist.

The trousers have an elasticized waistband with an inner drawcord tightening. On the front of the trousers below the waistband there is a woven textile label featuring the Teijin tradename "Microft Light". On the back of the trousers there is a zippered right rear pocket. Each trouser leg has an elasticized ankle cuff with a zipper opening. A single female runner and the "FSW" trademark are embroidered onto the bottom of the right trouser leg.

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 requested.

The applicable subheading for the jacket will be 6210.50.1020, 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 woman's or girls' 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 6210.50.1035, HTS, which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other woman's or girls' garments: of man-made fibers, other: trousers, breeches and shorts. Ther duty rate will be 7.6 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 Malaysia 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

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