United States International Trade Commision Rulings And Harmonized Tariff Schedule
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NY A88215





December 16, 1996

CLA-2-62:SF:I10:A88215

CATEGORY: CLASSIFICATION

TARIFF NO.:6201.93.3000; 6201.93.3511; 6203.45.3500; 6203.43.4010

Gina Iannelli
Fritz Companies, Inc.
Logan Office Center
Harborside Drive
East Boston, MA 02128

RE: The tariff classification of men's woven man-made fiber jackets and pants from England

Dear Ms. Iannelli,

In your letter dated September 27, 1996 you requested a tariff classification ruling on behalf of Acushnet Company. The samples submitted with your request, Styles 34041, 34058, 34066 and 34074, will be returned under separate cover.

All four garments are designed for men and are constructed from 100% nylon woven fabric which is not visibly coated as that term is defined in the Harmonized Tariff Schedules.

Style 34041 is a fully lined jacket which features a full front zippered opening with a left over right snapped storm flap, long sleeves with elasticized cuffs, a partially elasticized bottom, two lower front zippered vertical pockets and contrasting embroidery logos on the front and back.

Style 34058 is a similar jacket as above with the exception that it has a partial front zippered and snapped front opening.

Style 34066 is a pullover jacket which features a rib knit neckband, waistband and sleeve cuffs and has embroidered contrasting colored logos. This jacket does not have pockets.

Style 34074 is a lined pair of men's pants which features an enclosed elasticized waistband, two front diagonal zippered pockets, zippered openings at the bottom of the outer side leg seams and contrasting colored embroidered logos.

If Styles 34041, 34058 and 34066 pass 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 jackets will be 6201.93.3000, which provides for other men's and boys' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.5%.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.1%.

If Style 34074 passes the water resistance test, then the applicable HTS subheading for the pants will be 6203.43.3500, which provides for other men's or boys' trousers, of man-made fibers, water resistant. The duty rate will be 7.5%.

If Style 34074 does not pass the water resistance test, then the applicable HTS subheading for the pants will be 6203.43.4010, which provides for other men's trousers, of man-made fibers, other. The duty rate will be 29.3%.

All the jackets fall within textile category designation 634 and the pants fall with textile category designation 647. Based upon international textile trade agreements, products of England are currently not subject to quota nor 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,

ALICE M. RIGDON
Port Director

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