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NY 880102




NOVEMBER 18, 1992

CLA-2-62:S:N:N3I:357 880102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010; 6204.63.3510

Mr. Albert Tang
Toppe California Inc.
110 E. 9th Street, Suite A1193
Los Angeles, California 90079

RE: The tariff classification of a women'a jacket and pair of trousers from Hong Kong, Macau, China and Taiwan

Dear Mr. Tang:

In your letter dated November 3, 1992, you requested a classification ruling.

The sample submitted, style number 9900, consists of a women's jacket and pair of trousers. The jacket is hip-length and is composed of a reversible outershell. One side of the jacket is constructed of a woven solid color 100% nylon fabric. The other side is constructed of a knit multi-colored 100% polyester fabric which features gold colored star and dot prints. The trousers are composed of a woven 100% nylon fabric shell with a knit 65% polyester/35% cotton fabric lining. The woven nylon fabric on the jacket and the woven nylon fabric on the trousers is stated to have a water repellent finish, but is not water resistant.

The jacket has a full front opening secured by a heavy-duty zipper with a reversible zipper pull. The zipper extends to the top of the collar. The collar features a drawcord tightening. The drawcord is composed of metallic and non-metallic yarns. The sleeve cuffs and waistband are elasticized. The garment has shoulder pads. On the woven nylon side of the jacket there are two front slash pockets at the waist. A black and gold decoration is sewn onto the left front panel. On the knit polyester side of the garment there are two front slash pockets at the waist.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there are two front pockets with side openings. The ankle cuffs are elasticized.

The jacket and trousers are not considered to be a track suit. The knit portion of the jacket when it functions as a lining is not a type of fabric approved as a lining material on woven track suits.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket 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. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the trousers 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. The duty rate will be 30.4 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 Macau, China and Taiwan are presently subject to quota restraints and the requirement of a visa.
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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