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NY 886579




JUNE 16, 1993

CLA-2-62:S:N:N5:357 886579

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0035; 6211.33.0030; 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Charlie Zec
Casual Male, Inc.
418 Boston Turnpike
Shrewsbury, Ma 01545

RE: The tariff classification of a man's track suit and a man's windbreaker-type jacket and a pair of trousers from Thailand

Dear Mr. Zec:

In your letter dated May 26, 1993, you requested a classification ruling.

Both samples submitted, style numbers 621 and 624, consist of a windbreaker-type jacket and a pair of trousers composed of a woven 100% nylon fabric shell, stated to be coated with 600mm acrylic. The jackets have a knit fabric body lining and a woven nylon fabric sleeve lining. The lining on each pair of trousers is constructed of a knit fabric on the upper portion of the leg and a woven nylon fabric on the lower portion.

The coatings on the garments are not separately visible, therefore HTS 6210 does not apply.

Each jacket has a full front opening secured by a heavy-duty zipper closure which extends to the top of the collar. Style number 621 has two front pockets at the waist, elasticized sleeve cuffs, and an elasticized waistband. Style number 624 has an overlapping flap with snaps that cover the front zipper, an elasticized waistband, ribbed-knit fabric sleeve cuffs, ribbed-knit fabric on the outer portion of the collar and two zippered front pockets at the waist.

Each pair of trousers has an elasticized waistband with an inner drawcord tightening. There are two side seam pockets and one left rear pocket below the waist. The rear pocket of style number 621 has a zipper
closure. The rear pocket of style number 624 is secured by a "VELCRO"-type fastener. Each trouser leg has an elasticized ankle cuff with a zipper opening.

Based on the information you submitted, the jacket and trousers of style number 624 will be sold separately, precluding classification of the garments as a track suit.

The applicable subheading for the jacket of style number 621, will be 6211.33.0035, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys': of man-made fibers, track suits: other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the trousers of style number 621, will be 6211.33.0030, HTS, which provides for other garments, men's or boys': of man-made fibers, track suits: trousers. The rate of duty will be 17 percent ad valorem.

If the jacket of style number 624 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 number 624 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, 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 number 624 pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's water resistant trousers or breeches, of synthetic fibers. The rate of duty will be 7.6 percent ad valorem.

If the trousers of style number 624 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 or breeches, of synthetic fibers. The rate of duty will be 29.7 percent ad valorem.

The jackets of each style fall within textile category designation 634. The trousers of each style fall within textile category designation 647. Based upon international textile trade agreements, products of 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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