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NY 853859

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CLA-2-62:S:N:N3I:357 853859

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6201.93.3000, 6201.93.3510, 6203.43.3500, 6203.43.4010, 6202.93.4500, 6202.93.5010, 6204.63.3000, 6204.63.3510

Mr. Peter S. Herrick
222 S.W. 15th Road
Miami, Florida 33131

RE: The tariff classification of a man's warm-up suit and a woman's warm-up suit from Hong Kong and Taiwan.

Dear Mr. Herrick:

In your letter dated June 25, 1990, on behalf of Tail, Inc., you requested a tariff classification ruling.

Two samples were submitted as follows: Style W4020 is a man's warm-up suit consisting of a windbreaker-type jacket and a pair of trousers constructed of a woven 100% nylon fabric shell. The jacket has a 60% cotton/40% polyester lining. The trousers have a 65% cotton/35% polyester lining. Style C18 is a woman's warm-up suit consisting of a windbreaker-type jacket and a pair of trousers constructed of a woven 55% nylon/45% polyester fabric shell. Each garment has 60% cotton/40% polyester lining. You state that the shell of each component of the man's warm-up suit and the woman's warm-up suit is coated with acrylic which renders the garments water resis- tant.

The coating on each garment is not separately visible, therefore HTS 6210 does not apply.

The jacket of style W4020 has a full front opening with a heavy-duty zipper closure and features contrasting colored fabric inserts. There are two front slash pockets at the waist, a stand-up collar with a snap closure and elasticized sleeve cuffs and waistband. Embroider-ed onto the left chest is an insignia. The trousers of style W4020 feature an elasticized waistband with a drawstring tightening. There are two side seam pockets and one back pocket with a "VELCRO"-type closure. Each trouser leg has a zipper opening and an elasticized ankle cuff.  The jacket of style C18 has a full front opening with a heavy-duty zipper closure and an overlapping flap secured by snaps covering the zipper area. A design composed of contrasting colors is embroidered onto the front of the overlapping flap and on the back of the jacket. The garment has two front slash pockets at the waist, elasticized sleeve cuffs and waistband and detachable shoulder pads held to the garment by "VELCRO"-type fasteners. The trousers of style C18 feature an elasticized waistband with a drawstring tightening. There are two front slash pockets below the waist and zipper openings on the ankle cuffs.

Our Headquarters office has ruled that lined garments are not considered track suits.

The components of styles W4020 and C18 are not considered to be an ensemble. They are not composed of identical fabric and color.

If the jacket of style W4020 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS) Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jacket of style W4020 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

If the trousers of style W4020 pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's trousers, of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the trousers of style W4020 do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers, of synthetic fibers. The rate of duty will be 29.7 percent ad valorem.

If the jacket of style C18 passes the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles, of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jacket of style C18 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5010, which provides for other women's anoraks, windbreakers and similar articles, of man-made fibers. The rate of duty will be 29.5 percent ad valorem. If the trousers of style C18 pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's trousers, of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the trousers of style C18 do not pass the water resistant test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers, of synthetic fibers. The rate of duty will be 30.4 percent ad valorem.

The jacket of style W4020 falls within textile category designation 634. The trousers of style W4020 fall within textile category designation 647. The jacket of style C18 falls within textile category designation 635. The trousers of style C18 fall within textile category designation 648. Based upon international textile trade agreements, products of Taiwan are presently subject to quota restraints and a visa requirement. Products of Hong Kong are not presently subject to quota restraints but a visa is required.

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.: 6201.93.30 - 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