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NY D83244




October 15, 1998

CLA-2-62:RR:NC:WA:357 D83244

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510; 6211.43.0091

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

RE: The tariff classification of two woman's garments from Japan

Dear Ms. Cass:

In your letter received in this office on October 6, 1998, you requested a classification ruling.

Two samples were submitted: Style number 3918 and 3938 are two woman's garments which are constructed of a three-ply fabric composed of a woven outer layer of 95% nylon/5% spandex fabric, a knit inner layer of 50% nylon/50% acrylic fleece fabric and an acrylic membrane of "Entrant" in between.

In your letter you indicate that style numbers 3918 and 3938 are the style numbers used for the garments in the 1998 season and that the same garments will be imported from Japan in 1999 using style numbers 3919 and 3939. You further indicate that the last digit of the style number represents the year of production. Therefore, the last digit will change in subsequent years.

Style number 3918 is a woman's pair of stretch pants. The garment has a round shape lower waistband in the front, suspender-style strap extensions attached to the top of the waistband which criss-cross in the back, and leg separations with a stirrup composed of a mesh fabric at the bottom of each leg.

Style number 3938 is a woman's one-piece stretch garment that extends from the shoulders to the ankle. The garment has a front zipper opening, a deep V-shaped neckline on the front and back panels, two-inch shoulder strap extensions at the top and leg separations with a zipper opening and an inner storm cuff at the bottom.

The three-ply fabric that each garment is composed of 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 these samples indicates that this requirement is not met. Therefore, style 3918 is classifiable in HTS heading 6204 and style number 3938 is classifiable in HTS heading 6211.

The samples are being returned to you.

If style number 3918 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 6204.63.3000, which provides for other: other: women's or girls' water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If style number 3918 does 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 and breeches: of synthetic fibers The duty rate will be 29.7 percent ad valorem.

The applicable subheading for style number 3938 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 16.6 percent ad valorem.

Style number 3918 falls within textile category designation 648. Style number 3938 falls within textile category designation 659. Based upon international textile trade agreements products of Japan are not presently subject to quota restraints but a visa is required.

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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