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NY 882977




MARCH 11, 1993

CLA-2-62:S:N:N5:357 882977

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011; 6204.63.3510

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman 707 Wilshire Blvd.
Los Angeles, CA 90017

RE: The tariff classification of a woman's warmup set from Taiwan, China or Thailand

Dear Mr. Powell:

In your letter dated February 17, 1993, on behalf of Nicholas Import Corp., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The set, style 13242, consists of a jacket and trousers, both of which are made with a shell fabric of man-made fibers.

The trousers are of a single color fabric and are pull-on type with an elasticized waist but no waist opening. They have a knit 65% polyester/35% cotton lining and a zipper extending upward from each of the elasticized cuffs. They have not been treated for water resistance.

The jacket has a full front opening secured by a heavy-duty zipper closure. The sleeve cuffs and waistband are elasticized. On the front and back of the garment there are contrasting colored woven nylon fabric inserts, contrasting colored decorative 100% polyester knit fabric inserts and piping. The jacket is lined with a woven 100% nylon fabric stated to have a 600mm polyurethane coating. Because the lining does not extend beyond the facing, the result is a garment with a significant gap of untreated fabric on either side of the zipper opening. Because of this we do not regard this as a water resistant garment.

The applicable subheading for the pants will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's trousers of synthetic fibers. The duty rate will be 30.4% ad valorem.

The applicable subheading for the jacket will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

The trousers and jacket fall within textile category designations 648 and 635, respectively. Based upon international textile trade agreements products of Taiwan, China or Thailand 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. 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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