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NY D82072




September 30, 1998

CLA-2-62:RR:NC:WA:357 D82072

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.20.1565; 6211.20.2820

Ms. Susan Cass
NILS, Inc.
11185 Condor Avenue
Fountain Valley, CA 92708-6103

RE: The tariff classification of a woman's ski-suit from Japan

Dear Ms. Cass:

In your letter received in this office on September 4, 1998, you requested a classification ruling.

The sample submitted, style number 5318 "Amaretto", is a woman's one-piece ski-suit. The upper portion of the shell is composed of a woven 100% nylon fabric which has a visible microporous 1300mm waterproof, breathable HT Dupont Teflon coating. The garment is lined on the upper portion with a woven 100% nylon fabric which is quilted to a nonwoven 100% polyester insulation. The lower portion of the ski-suit is constructed of a three-ply fabric composed of a woven outer layer of 95% nylon/5% spandex fabric, an inner layer of 50% nylon/50% acrylic fleece fabric with an acrylic membrane of "Entrant" in between.

In a fax you submitted you stated that style number 5318 was manufactured in the United States for the 1998 season but that the same garment will be imported from Japan in 1999 using style number 5319 and that the last digit of the style number represents the year of production. Therefore, the last digit will change in subsequent years.

The garment has a front opening secured by a zipper closure. On the upper portion of the garment there is a ribbed-knit fabric insert on the outer portion of the collar, two zippered chest pockets which feature an overlaying tab with a snap closure, elasticized sleeve cuffs and a metal hook-and-loop fastener at the waist. The bottom portion of the garment has leg separations. At the bottom of each leg there is a zipper opening, elastic binding and an inner stirrup composed of a mesh fabric.

Generally, Customs will classify full-body garments of different materials based on the material which comprises the upper portion, unless certain conditions exist. The figures you submitted indicate that the lower body portion of this garment exceeds the upper portion by a ratio of approximately three to one in weight and almost four to one in value. Therefore, in this case the lower portion determines the classification.

The three-ply lower body fabric has a center layer of Entrant film surrounded by two layers of fabric. For garments assembled in layers to be classified in the provisions for garments made up of coated, filled or laminated fabrics, the coating or, in this case, the film must be visible to the naked eye in cross section. Examination of this fabric indicates that this requirement is not met. Therefore, the garment is classifiable in HTS heading 6211.

The sample is being returned to you.

If the ski-suit 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 6211.20.1565, which provides for other: water resistant ski-suits, women's or girls': other: other. The duty rate will be 7.4 percent ad valorem.

If the ski-suit does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6211.20.7820, which provides for other: ski-suits: other: women's or girls': other: of man-made fibers. The duty rate will be 16.2 percent ad valorem.

The ski-suit falls within textile category designation 659. Based upon international textile trade agreements products of Japan 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,

Robert B. Swierupski
Director,

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