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PD A84311

July 2, 1996

CLA-2-62:S:AMW:N-3:I02

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6203.43.3500; 6206.93.4500; 6204.63.3000; 6201.93.3511; 6203.43.4010; 6202.93.5011; 6204.63.3510

Mr. David Eisen
Siegel, Mandell & Davidson, P.C.
1 Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of a men's jacket and trousers and a women's jacket and trousers from China or Taiwan

Dear Mr. Eisen:

In your letter dated June 3, 1996 you requested a tariff classification ruling on behalf of Avon Products, Inc., 9 West 57th Street, New York, New York.

The submitted samples, styles PP 144049 and PP 144056 are a women's and a men's track-style jog set. They are manufactured from 100% nylon woven fabric, which is treated with an acrylic coating, and which you state renders the garment water resistant.

Style PP 144049 is a ladies' suit consisting of a jacket and trousers. The jacket features a full front opening secured by a zipper which extends into the collar, long sleeves with elastic cuffs, an elasticized bottom, two half welt pockets below the waist and a mesh lining. The trousers feature a fully elasticized waist, side seam pockets and elasticized cuffs.

The men's jog set, style PP 144056, also consists of a jacket and trousers and is identical to the ladies' set.

The applicable subheading for the men's jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), if it passes the water resistance test. The rate of duty will be 7.5%. If the jacket does not pass the water resistance test, the applicable subheading will be 6201.93.3311, HTS, with a rate of duty of 29.1%.

The applicable subheading for the men's trousers will be 6203.43.3500, HTS, if it passes the water resistance test. The rate of duty will be 7.5%. If the trousers do not pass the water resistance test, the applicable subheading will be 6203.43.4010, with a rate of duty of 29.3%.

The applicable subheading for the ladies' jacket will be 6202.93.4500, HTS, if the jacket passes the water resistance test. The rate of duty will be 7.5%. If the jacket does not pass the water resistance test the applicable subheading will be 6202.93.5011, HTS, with a rate of duty of 29.1%.

The applicable subheading for the ladies' trousers will be 6204.63.3000, HTS, if the trousers pass the water resistance test. The rate of duty will be 7.5%. If the trousers do not pass the water resistance test the applicable subheading will be 6204.63.3510, HTS, with a rate of duty of 30%.

The men's jacket falls within textile category designation 634. The men's trousers fall within textile category designation 647. The women's jacket falls within textile category designation 635. The women's trousers fall within textile category designation 648. Based upon international textile trade agreements, products of China or Taiwan are subject to quota 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.

Sincerely,

William J. Luebkert
Port Director

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See also:

• Tariff No.: 6201.93.30 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6201.93.35 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6202.93.45 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6202.93.50 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of man-made fibers, nesoi
• Tariff No.: 6203.43.35 - Men's or boys' trousers and breeches, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6203.43.40 - Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, cont under 36% wt wool, n/water resist, not k/c
• Tariff No.: 6204.63.30 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6204.63.35 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi