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NY C81959



December 23, 1997

CLA-2-62-CL:FO:CB:I20 GG

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3511; 6203.43.3500, 6203.43.4010

Mr. Arthur Danforth
Import Analyst
Hyde Athletic Industries, Inc.
Centennial Park
P.O. Box 6046
Peabody, MA 01961

RE: The tariff classification of a men's woven jacket and a pair of men's woven trousers to be manufactured in Thailand, Hong Kong or China

Dear Mr. Danforth:

In your letter dated November 19, 1997, you requested a tariff classification ruling.

The submitted sample, designated style number 41243, is a "Windsuit" comprised of a men's jacket and a separate pair of men's trousers, each manufactured from a 100% nylon woven fabric said to have been coated with an application of a substance sufficient to convey the quality of water resistance. For the purposes of this ruling we are presuming that this unnamed substance is a rubber or plastics material.

The jacket features a partial frontal opening secured by a fine-toothed plastic zipper that extends to the top of the stand-up collar, long sleeves with elasticized cuffs, a single large front center patch pocket with a flap secured by a Velcro-like fastener, a detachable hood which is secured to the rear collar of the jacket by means of a Velcro-like fastener, a tunnel drawstring threaded through the front of the hood, and a straight, elasticized bottom.

The trousers feature an elasticized waistband, through which is threaded a tunnel drawstring, eleven and one-half inch vents at the bottoms of the legs, each secured by a fine-toothed plastic zipper, and elasticized cuffs.

If the jacket passes the water resistance test specified in Harmonized Tariff Schedule of the United States (HTS), Additional U.S. Note 2, Chapter 62, the garment would be classifiable under subheading 6201.93.3000, which provides for other men's water resistant anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the jacket does not pass the water resistance test, the garment would be classifiable under HTS subheading 6201.93.3511, which provides for other men's anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The applicable rate of duty would be 28.8%, ad valorem.

If the trousers pass the water resistance test, the garment would be classifiable under HTS subheading 6203.43.3500, which provides for other men's water resistant trousers or breeches, of synthetic fibers. The applicable rate of duty would be 7.4%, ad valorem.

If the trousers do not pass the water resistance test, the garment would be classifiable under HTS subheading 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The applicable rate of duty would be 29%, ad valorem.

In either case, the jacket would fall within textile category designation 634 and the trousers would fall within textile category designation 647. Based on international textile trade agreements, products of Thailand, Hong Kong and China are subject to quota 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.

The sample is being returned to you, as requested.

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,

John M. Regan
Service Port Director

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