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NY C86073




April 13, 1998

CLA-2-62-NO:TC:I06 C86073

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.23.0050, 6201.93.3000, 6201.93.3511, 6203.23.0060, 6203.43.3500, 6203.43.4010

Ms. Dana L. Trout
Trans-Trade, Incorporated
P.O. Box 612369
DFW Airport, Texas 75261

RE: The tariff classification of a woven men's jacket and trousers from China, Taiwan, Hong Kong, and the Philippines

Dear Ms. Trout:

In your letter dated March 11, 1998, you requested a tariff classification ruling on behalf of International Marketing Specialist.

The submitted sample, Model # 5321, is a two piece ensemble consisting of a jacket and trousers composed of the identical 100% nylon woven fabric coated with polyurethane, per your letter. The coating is not separately visible. The jacket features a full frontal opening with a heavy duty zipper closure and a storm flap having a five button closure. Other features include long sleeves with elasticized ends; patch pockets located below the waist and having flaps with two button closures; a drawstring at the waist; and a pointed collar which holds an attached hood with a drawstring. The trousers feature a drawstring waist; a fly with a zipper and snap closure; simulated pockets which allow access to garments worn underneath these trousers; side seam zippers at leg bottom; and hemmed bottom.

If the jacket 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 6203.23.0050, which provides for other men's ensembles of synthetic fibers, other, garments described in heading 6201. The rate of duty will be 7.4 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6201.93.3000.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0050, which provides for other men's ensembles of synthetic fibers, other, garments described in heading 6201. The rate of duty will be 28.8 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6201.93.3511.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0060, which provides for men's ensembles of synthetic fibers, other trousers and breeches. The rate of duty will be 7.4 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6203.43.3500.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0060, which provides for men's ensembles of synthetic fibers, other trousers and breeches. The rate of duty will be 29 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6203.43.4010.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of China, Hong Kong, the Philippines, and Taiwan are subject to quota and the requirement of a visa.

The trousers fall within textile category designation 647. Based upon international textile trade agreements, products of China, Hong Kong, the Philippines, and Taiwan 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.

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,

Allen H. Paterson
Port Director

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