NY 876482 - The tariff classification of a man's warmup suit from Hong Kong; Gore-Tex. - United States International Trade Commision Rulings

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NY 876482

AUGUST 11, 1992

CLA-2-62:S:N:N3I:357 876482

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 warmup suit from Hong Kong; Gore-Tex.

Dear Mr. Maloney:

In your letter dated June 25, 1992, you requested a classification ruling.

The sample submitted, style number 26601, is a man's warmup suit consisting of a windbreaker-type jacket and a pair of trousers. Both the jacket and trousers are constructed of an outershell made of a woven 100% polyester fabric laminated to a "Gore-Tex" membrane. Each garment is lined with a polyester mesh fabric.

The jacket is hip length and 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. There is an overlapping flap with four "VELCRO"-type fasteners that covers the zipper area. The jacket is composed of color blocking fabric and features reflective strips on the front and back yoke and on the sleeves. Five runners and the "Frank Shorter Sports" logo is embroidered onto the left chest. A removable roll-up hood with a drawcord is concealed within the jacket's collar by a "VELCRO"-type fastener and zipper closure. The garment has adjustable "VELCRO"-type fasteners on the sleeve cuffs, two zippered side seam pockets located at the waist and a drawcord with plastic cord stoppers through the bottom hem.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there are two side seam zippered pockets and a zippered right rear pocket. At the bottom of each trouser leg there is a zipper opening and an adjustable "VELCRO"-type fastener tab. Along the length of the zipper opening there is reflective piping trim. Embroidered onto the bottom of the left trouser leg are five runners and the "Frank Shorter Sports" logo. On each trouser leg there is an opening at the knee which covers a knit fabric insert.

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

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 ther 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 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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