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NY B87020




July 8, 1997

CLA-2-62:RR:NC:WA:357 B87020

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6203.43.4010

Mr. Eric T. Buchanan
D.J. Powers Co., Inc.
P.O. Box 9239
35 Barnard Street
Savannah, GA 31412-9239

RE: The tariff classification of a man's pullover jacket and pair of trousers from China

Dear Mr. Buchanan:

In your letter dated June 23, 1997, on behalf of Augusta Sportswear, you requested a classification ruling.

Two samples were submitted as follows: Style number 3390 "Taslan Windshirt", is a man's hip-length pullover jacket. The jacket is constructed of an outershell composed of a woven 100% nylon taslan fabric. The garment is lined with a woven 100% nylon taffeta fabric. The jacket will be imported in size XXL under style number 3395.

The jacket has a cross-over, v-neck style collar and two side seam pockets located at the waist. The garment's collar, sleeve cuffs and waistband are composed of a ribbed-knit fabric.

Style number 475 "Tearaway Basketball Pants", is a man's pair of trousers constructed of an outershell composed of woven 100% nylon fabric. The garment is lined with a 100% polyester mesh fabric. The trousers will be imported in size XXL under style number 476.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two front pockets below the waist and two full side-seam openings. The side-seam openings extend along the length of each trouser leg from the waist to the ankle and are secured by snap closures.

In a Fax you submitted you indicated that the garments are not coated for water resistance.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 29 percent ad valorem.

The applicable subheading for the trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 29.2 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. 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,

Paul K. Schwartz
Chief, Textiles & Apparel

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