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NY D83753




October 30, 1998

CLA-2-62:RR:NC:WA:357 D83753

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6203.43.4010

Ms. Micki Mallory
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man's jacket and pair of trousers from Malaysia

Dear Ms. Mallory:

In your letter dated October 13, 1998, you requested a classification ruling.

The sample submitted, style number 140688, consists of a man's windbreaker-type jacket and a man's pair of trousers.

The jacket is constructed of knit and woven inserts. The majority of the garment's front panels, the majority of the back panel and a small portion on each sleeve is composed of a woven 100% polyester fabric with a Teflon coating. The remainder of each sleeve, the garment's back yoke and the two inserts which measure approximately 5-1/4 inches in width and extend along the length of the garment's side seams are composed of a knit 90% polyester/10% lycra fabric. The jacket has a pointed collar and a full front opening secured by a zipper closure that extends to the top of the collar. The garment has two zippered front pockets, an elasticized band on the sleeve cuffs and an elasticized band on the bottom hem. The Nike trademark swoosh design is on the left chest.

The trousers are constructed of knit and woven inserts. The majority of each trouser leg and the majority of the waistband is composed of a woven 100% polyester fabric with a Teflon coating. Two strips which measure approximately 3-3/4 inches in width extend from the waistband to the bottom of each trouser leg and are composed of a knit 90% polyester/10% lycra fabric. The trousers have an elasticized waistband with an inner drawcord tightening, two front pockets below the waist, a right rear pocket secured by a "VELCRO"-type fastener and an elasticized ankle cuff with a zipper opening at the bottom of each trouser leg. The Nike trademark swoosh design is featured on the left front hip.

The jacket and trousers are not considered to be a tracksuit because of the coating on the woven portions of the garments.

The jacket and trousers are not considered to be water resistant because of the knit portions in each garment which leave large gaps of uncoated fabric.

The samples are being returned to you.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for the trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 29 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Malaysia 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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