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NY B84127




April 30, 1997

CLA-2-62:RR:NC:WA:357 B84127

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510; 6211.43.0091

Ms. Nina Saguil
The North Face, Inc.
2013 Farallon Drive
San Leandro, California 94577

RE: The tariff classification of a woman's top and pair of trousers from China

Dear Ms. Saguil:

In your letter dated April 4, 1997, you requested a classification ruling.

The sample submitted, style number 87736, "Pyramid Bib/Vest System", consists of a woman's top and pair of trousers which can be zippered together at the waist so as to be worn as one garment. Although the top and trousers are worn together each garment can also be worn separately and will be classified as a separate garment. In a phone conversation you stated that both the top and trousers have a "Durepel" coating.

The halter-style top is constructed of a woven 100% nylon fabric quilted in a diamond shape to a non-woven 100% polyester fill. The top is sleeveless and has a round-style neckline on the front panels and an inverted v-style back panel. The garment features sewn-on elasticized straps that extend over the wearer's shoulders and attach to the center portion of the back panel just below the nape of the neck. The garment has a full front opening secured by a zipper closure and elastic tightening at the waist. At the waist there is a self-fabric belt with a plastic buckle which is held to the garment by three belt loops. A D-ring located below the waist can be used for a ticket or glove attachment. The garment has a peplum bottom. "The North Face" trade name is embroidered on the lower portion of the garment's front panel. On the inner portion of the waist there is a two inch portion of fabric with a half zipper at the bottom for attachment to the trousers.

The trousers have an elasticized waistband with a fly front zipper opening which is secured on the front of the waistband by a tab with a "VELCRO"-type fastener and snap closure. On the inner waistband there is a two-and-a-half inch portion of fabric with a half zipper at the bottom for attachment to the top. The trousers are constructed of a woven 100% nylon fabric and have a "330D Cordura" 100% nylon fabric insert at the knees and edge guards for reinforcement. On the left trouser leg there is a pocket secured by a zipper and a flap with two snap closures. The flap has the trade name "The North Face" embroidered on it. At the bottom of each trouser leg there is an inner boot powder cuff with a "VELCRO"-type fastener along the length of the opening and an elasticized tightening and snap closure at the bottom. The outer boot cuff is elasticized at the bottom and has a zipper opening which is covered by a storm flap with a "VELCRO"-type fastener and a snap closure.

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

The applicable subheading for the top will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, other. The duty rate will be 16.7 percent ad valorem.

If the trousers 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 garment will be 6204.63.3000, which provides for other women's or girls' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers or breeches, of synthetic fibers. The duty rate will be 29.9 percent ad valorem.

The top falls within textile category designation 659. The trousers fall within textile category designation 648. 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 Branch

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