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NY 881330




DECEMBER 21, 1992

CLA-2-62:S:N:N5:357 881330

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1020; 6210.40.1035; 6202.93.4500; 6210.50.1020; 6210.50.1035;
6201.93.3000; 6505.90.3090

Mr. Stan Shepard
High Altitude
Top Bol No. 128
P.O. Box 52-0777
Miami, FL 33152-0777

RE: The tariff classification of skiwear and other items from Bolivia

Dear Mr. Shepard:

In your recent letters addressed to our Miami regional office you requested a classification ruling. Your inquiry was forwarded to us for reply. Photos of each of the items and swatches of shell fabrics were submitted.

Style 010 is the jacket portion of a man's ski ensemble. It extends to approximately the waist, has a full front zipper opening with a storm flap and an elasticized waistband. The shell is made from woven Burlington Ultrex fabric, a man-made fiber fabric bonded to a visible plastic film. It has insulation of Thinsulate, a synthetic nonwoven material, and a lining of nylon taffeta or ripstop fabric.

The trouser portion of this ensemble, style 011, is made with the same combination of fabrics. The pants have a high rise in the back, suspenders or braces and a low front rise. The trousers appear to have side-seam zippers for their entire length.

Style 012 and 014 are a man's and a woman's ski overall, respectively. We are unable to classify these items without samples because the description suggests that the shell is made from three different fabrics, one of which (Gore-Z) is unfamiliar to us as a shell fabric. Further, the classification may change depending on the proportions of the different fabrics used.

Style 015 is a woman's ski jacket with an outershell made from Durapel-Plus, a woven fabric with a plastics application on the underside. Examination of the fabric swatch indicates that this fabric is not considered "visibly coated" for tariff purposes as that term has been defined in the HTSUS and interpreted by U.S. Customs. This garment is uninsulated and has a lining of nylon. The garment extends to the upper thigh and has a tightening at the waist and the wrists, oversized sleeves and a flap over the front.

Style 020 is a unisex anorak with a shell made from 2-ply and 3-ply Goretex fabric. The 2-ply fabric consists of a woven outer nylon layer bonded to a visible plastic membrane. The three layer fabric has a woven nylon outer layer, a layer of plastic film in the center and an inner layer of knit nylon fabric. The garment is uninsulated and has a nylon lining, an integral hood with a drawstring tightenings at the waist and wrists and a flap over the front zipper opening. The garment appears to extend to the upper thigh.

Style 021 is similar in description and construction to style 020. It is also stated to be for unisex wear.

Style 022 is a pair of unisex trousers also composed of the same fabrics as style 020 and 021. They have reinforced patches at the knees made of Cordura nylon fabric. The trousers also have adjustable straps or braces that extend over the shoulders.

Style 023 is a man's parka with a shell fabric of Durapel- Plus woven fabric. It is uninsulated with a nylon lining and appears to extend to slightly below the waist. The garment also has a stand-up collar and a storm flap with snaps.

Style 031 consists of various knitted headwear of alpaca wool, some with ear flaps.

Style 030, alpaca sweater and 040, pile pullover, require additional information for a ruling. For style 030 we need to know the number of stitches per two centimeters measured in the horizontal direction. For style 040 we need the number of stitches per centimeters measured in both the horizontal and vertical directions.

The applicable subheading for style 010 will be 6210.40.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' garments of man- made fibers made up of fabrics of heading 5903, 5906 or 5907, anoraks (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

The applicable subheading for style 011 will be 6210.40.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' trousers of man- made fibers made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

Assuming it passes the water resistance test specified in Additional U.S. Note 2 to Chapter 62, HTS, (see copy enclosed) the applicable subheading for style 015 will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' water resistant woven anoraks (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

The applicable subheading for style 020 and 021 will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments of man-made fibers made up of fabrics of heading 5903, 5906 or 5907, anoraks (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

The applicable subheading for style 022 will be 6210.50.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' trousers of man-made fibers made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

Assuming it passes the water resistance test specified in Additional U.S. Note 2 to Chapter 62, HTS, the applicable subheading for style 023 will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' water resistant woven anoraks including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

The applicable subheading for style 031 will be 6505.90.3090, HTS, which provides for other hats or headgear, knitted or crocheted, of wool. The duty rate will be 50.7 cents/kg plus 15.4% ad valorem.

Items described as unisex are classifiable as women's when they are not identifiable as exclusively for men or boys. Garments which are made to men's specifications would still be considered for men even if commonly worn by both sexes.

You inquired as to whether some of the above items would be eligible for a duty allowance under the Andean Trade Preference Act. Although certain skisuits in heading 6211 are eligible for the program if meeting the origin requirements for inclusion, the classifications listed above, namely headings 6210, 6201 and 6202, are not eligible tariff numbers. In accordance with HTS Chapter 62 Legal Note 5, garments which are prima facie classifiable in heading 6210 and any other heading within the chapter (other than 6209) are classifiable in 6210. In addition, garments other than one-piece ski overalls must be imported in sets as described in HTS Chapter 62 Legal Note 6 (copy attached) to be classified in 6211. Accordingly, single garments such as anoraks and parkas are not classifiable in heading 6211.

If you resubmit a ruling request with the items for which samples are required and you want them returned, you should indicate that in your letter.

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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