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NY 876643




AUGUST 12, 1992

CLA-2-62:S:N:N3:357 876643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.91.2010; 6201.92.2050; 6201.93.3510; 6203.43.4010; 6202.93.5010; 6204.63.3510

Ms. Christy Miller
Nike, Inc.
One Bowerman drive
Beaverton, OR 97005-6453

RE: The tariff classification of men's and women's jackets and warmup sets from Thailand, Indonesia and Malaysia.

Dear Ms. Miller:

In your letter dated June 22, 1992, received on July 24, you requested a classification ruling. Samples were submitted and are being returned as you requested.

Style 130124, Men's Force Varsity Jacket, is a men's waist- length varsity jacket with a woven body composed of a blended 80% wool and 20% nylon fabric. The sleeves are of grain leather. The collar, cuffs and waistband are rib knit. The jacket has a quilted satin lining, slant pockets at the waist and a six-snap front closure. There is embroidery in the left chest area and across the back. The country of origin of this jacket is Thailand.

Style 150132, Volleyball Letterman Jacket, is a men's waist- length jacket with a woven cotton twill fabric body and knit sleeves of 80% cotton and 20% polyester. It has a full-front zipper opening, slant pockets at the waist, and a rib knit collar, cuffs and waistband. It is lined with a light-weight knit fabric. The Nike name and logo are embroidered on the left chest and across the back. The country of origin for this item is Indonesia.

Style 130147, Men's Flight Warm-Up, consists of a jacket and pants, both of which have an outershell of 100% woven ripstop nylon fabric and a lining of 100% nylon tricot knit fabric. The jacket has a full-front opening with a zip-through collar, a segmented flap with six snaps over the zipper, elasticized waist and cuffs and pockets with vertical openings and snaps at the waist. There is embroidery on the left chest and sleeve. The pants have an elasticized waistband with an innerdrawstring but no opening at the waist, a zipper at each cuff and side seam pockets. The colors of the pants and jacket are not identical. The country of origin is Malaysia.

Style 240062, Women's New Peplum Warm-Up, consists of a jacket and pants made of a 100% woven nylon fabric lined with a 65% polyester/35% cotton jersey knit fabric. The jacket has a full-front opening with a zip-through collar, large unsecured pockets above the waist with multiple parallel rows of stitching on the contrasting welting, printed fabric inserts on the shoulders and extending down the sleeves, ending with contrasting inserts having parallel rows of stitching, and elastic in the cuffs and at the waist, which also has a drawstring with metal stops. The jacket extends below the waist in a peplum style, with no tightening element at the bottom. There is an embroidered logo in the left chest area. The pants have an elasticized waistband with an inner drawstring but no opening at the waist, a zipper at each cuff and side welt pockets with parallel rows of stitching. The zippers at the cuffs are covered with a contrasting colored piece of fabric with parallel rows of stitching and a hook and loop closure at the bottom. The garments are not of identical fabrics. The country of origin is Thailand.

Style 240063, Women's Allover Print Warm-Up, consists of a jacket and pants made of a 100% woven nylon fabric lined with a 65% polyester/35% cotton jersey knit fabric. The jacket has a full-front opening with a zip-through collar, slant pockets with snapped flaps above the waist, elastic in the cuffs and at the waist, a drawstring collar and embroidery on the left sleeve. The jacket extends below the waist in a peplum style, with no tightening element at the bottom. The pants have an elasticized waistband with an inner drawstring but no opening at the waist, a zipper at each cuff and side seam pockets with embroidery on the left pocket. The colors of the pants and jacket are not identical. The country of origin for this set is Thailand.

Although you suggested classification of the three warmup sets as track suits in heading 6211, HTS, examination of the samples indicates that each set possesses features that would exclude it from that heading. In the case of the men's suit it is the non-breathing nylon lining; for the women's sets it is primarily the peplum treatment on the jackets.

The applicable subheading for style 130124 will be 6201.91.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's anoraks, windbreakers and similar articles of wool. The duty rate will be 52.9 cents/kilo plus 21 % ad valorem.

The applicable subheading for style 150132 will be 6201.92.2050, HTS, which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 10% ad valorem.

The applicable subheading for the jacket portion of style 130147 will be 6201.93.3510, HTS, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

The applicable subheading for the pants portion of style 130147 will be 6203.43.4010, HTS, which provides for other men's trousers and breeches of synthetic fibers. The duty rate will be 29.7% ad valorem.

The applicable subheading for the jacket portion of styles 240062 and 240063 will be 6202.93.5010, HTS, which provides for other women's anoraks, windbreakers and similar articles of man- made fibers. The duty rate will be 29.5% ad valorem.

The applicable subheading for the pants portion of styles 240062 and 240063 will be 6204.63.3510, HTS, which provides for other women's trousers and breeches of synthetic fibers. The duty rate will be 30.4% ad valorem.

Style 130124 falls within textile category designation 434; style 150132 falls within textile category designation 334; the jacket of style 130147 falls within textile category designation 634 and the pants portion falls within textile category designation 647; the jackets of styles 240062 and 240063 fall within textile category designation 635 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of Thailand, Indonesia and Malaysia 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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