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NY 891720

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October 27, 1993

CLA-2-62:S:N:N5:353 891720

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051; 6203.22.3010; 6203.22.3020; 6203.42.4015

Mr. David Hampton
Mayfair International, Inc.
711 East Colonial Drive
Orlando, FL 32803

RE: The tariff classification of surplus military uniforms from Russia and
Poland.

Dear Mr. Hampton:

In your letter dated October 25, 1993 you requested a classification ruling.

A sample of the 100% woven cotton uniform with a camouflage print you wish to import, consisting of a jacket, trousers and a cap, was included with your request. The jacket is constructed with a full front opening with a five button closure, long sleeves with epaulets and a flap pocket with velcro closures on each sleeve, four flap pockets with button closures on the front of the jacket and an inside braided drawstring. The trousers are constructed with a button fly, two hip flap pockets with button closures, drawstring closures at the bottom with a strap that is worn over boot or a shoe. The cap has a nonadjustable crown with a soft peak.

According to the chapter 62 notes to the Harmonized Tariff, the uniform, excluding the cap, is an "ensemble", that is a set of garments that cover the upper and lower part of the body, of the same fabric construction, style, color, composition and of corresponding or compatible size. The rate of duty applicable is that as if each garment in the ensemble was separately entered.

The applicable subheading for the jacket will be 6203.22.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Ensembles: of cotton: other..., garments described in heading 6201. The duty rate will be 10 percent ad valorem. This is the rate which would apply if the jacket was entered separately and classified in subheading 6201.92.2051. The applicable subheading for the trousers will be 6203.22.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for
Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Ensembles: of cotton: other..., trousers and breeches. The duty rate will be 17.7 percent ad valorem. This is the rate which would apply if the trousers were entered separately and classified in subheading 6203.42.4015.

The applicable subheading for the cap will be 6505.90.2060, which provides for Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed: other: of cotton, flax or both: not knitted: Certified hand-loomed and folklore products; and headwear of cotton....Other. The duty rate will be 8 percent ad valorem.

The jacket falls within textile category designation 334, the trousers within textile category designation 347 and the cap with textile category designation 359. As products of Russia or Poland this merchandise may be subject to import restraints based upon international textile trade agreements.

The designated textile and apparel category 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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See also:

• Tariff No.: 6201.92.20 - Men's or boys' anoraks, windbreakers & similar articles nesoi, not knitted or crocheted, of cotton, not cont. 15% or more by wt of down, etc
• Tariff No.: 6203.22.30 - Men's or boys' ensembles, not knitted or crocheted, of cotton, other than judo, karate and other oriental martial arts uniforms
• Tariff No.: 6203.42.40 - Men's or boys' trousers and shorts, not bibs, not knitted or crocheted, of cotton, not containing 15% or more by weight of down, etc
• Tariff No.: 6505.90.20 - Headwear, of cotton, not knitted; certified hand-loomed and folklore hats & headgear, of cotton and/or flax, not knitted