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NY A83416




MAY 20, 1996

CLA-2-62:RR:NC:WA:357 A83416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040; 6211.43.0050

Mr. James Maddux
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, Missouri 64108

RE: The tariff classification of a track suit; Unisex; from China

Dear Mr. Maddux:

In your letters dated April 5, 1996 and May 1, 1996, on behalf of Union Jacks Company, you requested a classification ruling.

The sample submitted, style number 530-12, is a track suit. The track suit will also be imported in different colors under style numbers 530-1, 530-3 and 530-9. The track suit consists of a windbreaker-type jacket and a pair of trousers constructed of an outershell composed of a woven 100% nylon fabric. Each garment is lined with a knit 100% cotton fabric. You state that the garments are not coated.

The jacket has a full front opening secured by a zipper which extends to the top of the garment's collar. There are two zippered front pockets at the waist. The sleeve cuffs and waistband are elasticized. An embroidered emblem on the right chest features the "Union Jacks" tradename.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there are two side seam pockets. The right leg has an embroidered emblem which features the "Union Jacks" tradename. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening.

The samples are being returned to you.

Based on the information you provided including the sizing chart you submitted in support of classification as unisex it appears that the garments are designed for unisex wear.

The applicable subheading for the trousers will be 6211.43.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, track suits: trousers. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for the jacket will be 6211.43.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, track suits. The duty rate will be 16.8 percent ad valorem.

The trousers fall within textile category designation 648. The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China are presently 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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