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NY 899133




June 27, 1994

CLA-2-61:S:N:N6:351 899133

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000; 6204.63.3000; 6204.63.3510

Ms. Colleen Barker
Expeditors International of Washington, Inc. 21318-64th Avenue South
Kent, WA 98032

RE: The tariff classification of two laminated knit pile fabrics and a women's ski garment from Switzerland.

Dear Ms. Barker:

In your letter dated June 9, 1994, on behalf of Calvert Manufacturing Company, you requested a tariff classification ruling.

You have submitted two sample swatches of fabrics and a women's garment as follows: the fabrics, style nos. 62066 and 62067 are both three layer laminated fabrics from Switzerland known as "Schoeller WB 400" and the garment is a women's ski pant constructed from the fabric identified as style no. 62067. The two fabrics appear to have the same construction; however, style no. 62067 has been brushed on the terry pile side. Both fabrics' three layers consist of the following: a woven stretch outer material that is made of 42% polyester in style no. 62066 or 40% nylon in style no. 62067 and 3% Lycra spandex/a middle layer of 10%-11% polyacrylic plastic laminating substance/an inner lining of 45%- 46% polyester knit fabric. In your letter, you describe this inner knit lining as "white terry" which would indicate that the fabrics' inner portions are of knit looped pile construction. The trade name WB 400 fabrics will be imported in the piece in widths of 140- 144 centimeters.

The Swiss-made women's ski pant is a one-piece, unlined trouser with stirrups, hook and eye closure, and a zipper opening. No style number for the ski pant is indicated in your letter or on the garment's label. Information attached to one of the fabric swatches indicates that it is "rainproof"; therefore, the pant may possibly meet the requirements of our HTS Chapter 62 Additional U.S. Note 2.

The applicable subheading for the two fabrics, style nos. 62066 and 62067, will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted; looped pile fabrics; of man-made fibers. The rate of duty will be 19.5 percent ad valorem.

If (upon importation) the garment meets the requirements of Chapter 62, Additional U.S. Note 2, the applicable subheading will be 6204.63.3000, HTS, which provides for other women's or girls' trouser and breeches of synthetic fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

If the garment does not meet the requirements of Additional U.S. Note 2, the applicable subheading for it will be 6402.63.3510, HTS, which provides for other women's trousers and breeches of synthetic fibers. The duty rate will be 30.4 percent ad valorem.

In your letter, you inquirer about the quota category for the fabrics and ski pants. Since the merchandise is the product of Switzerland, it will not be subject to visa or quota requirements.

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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