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NY 883227




MARCH 25, 1993

CLA-2-62:S:N:N5:357 883227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040, 6211.43.0050

Ms. Margaret R. Polito
Neville, Peterson & Williams
39 Broadway
New York, N.Y. 10006

RE: The tariff classification of a woman's track suit from Taiwan

Dear Ms. Polito:

In your letter dated February 25, 1993, on behalf of Stretch-O-Rama, Inc., you requested a classification ruling. Samples were submitted and were destroyed during analysis.

The item in question, style 7479, consists of a jacket and trousers set each of which has a woven trilobal nylon shell fabric and a jersey knit lining comprised of a 65% polyester/35% cotton blend. The jacket has a full-front opening with a zipper extending to the top of the collar. It is hip-length and has elasticized cuffs and waistband, side seam pockets at the waist and contrasting colored fabric inserts in the chest. The trousers are a solid color fabric. They are pull-on type with no break at the waist. They have elasticized cuffs and waistband, side seam pockets and zippers extending vertically from each of the cuffs.

Although the sample garments have not been coated, in your letter you indicated that production merchandise will have an application of plastics which would render the garments water resistant in accordance with HTS Chapter 62 Additional U.S. Note 2. You further indicated that the merchandise will not be sold to stores that specialize in athletic apparel, and you assert that the set possesses none of the features normally associated with track suits.

Examination of the samples indicates that they have the general appearance and the type of fabric normally found on a woven track suit. In our view they belong to a class of goods mainly used in pursuit of sporting activities, such as running or jogging.

The applicable subheadings for the trousers and jacket will be 6211.43.0040 and 6211.43.0050, Harmonized Tariff Schedule of the United States (HTS), which provide for women's or girls' track suits of man-made fibers, trousers and jackets, respectively. The duty rate will be 17% ad valorem.

The jacket and trousers fall within textile category designations 635 and 648, respectively. Based upon international textile trade agreements products of Taiwan 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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