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NY E87865




October 26, 1999

CLA-2-62:RR:NC:3:353 E87865

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.22.1000; 6203.43.4010; 6205.30.2070; 6217.10.9510; 6217.10.9530

Mr. Charles Hardy
Competitive Edge Dynamics Ltd.
4242 W. Wyndemere Circle
Schneckville, PA 18078

RE: The tariff classification of a karate uniform and karate pants, shirt and belt from China and/or Macau.

Dear Mr. Hardy:

In your letter dated September 23, 1999 you requested a classification ruling.

The submitted sample is a karate uniform composed of woven fabric and marked with a tag stating 50/50 polyester/cotton fabric. However you state in your letter that you will be importing uniforms composed of 100% cotton, or polyester/cotton blend (55/45 or 65/35). The uniform consists of a top, pants and belt. The top has long sleeves, full front opening and a slit at the bottom on each side. The pants have an elasticized waistband with an inner drawstring. The belt is an extra length and measures approximately 1 ½” wide.

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), is made in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Note 13 to Section XI, provides: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. The submitted upper and lower garments would normally be classified separately. As per the terms of Note 13, to be classified together as a single article and falling within a single quota category, there must be a heading and a subheading which specifically provides for those garments under a single classification. Martial arts uniform ensembles “of cotton” are specifically provided for in Chapter 62.

The applicable subheading for the martial arts uniform ensemble of cotton will be 6203.22.1000, Harmonized Tariff Schedule (HTS), which provides for “Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear: Ensembles: Of cotton: Judo, karate and other oriental martial arts uniforms.” The duty rate will be 7.8% ad valorem. The textile category designation is 359.

Pursuant to Note 13, as there is no heading which requires the two polyester/cotton blend garments comprising the martial arts uniform to be classified as a unit, they are classified separately.

The applicable subheading for the pants composed of 55 polyester/45 cotton blend or 65 polyester/35 cotton blend will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ suits, ensembles(other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Trousers and breeches: Men’s.” The rate of duty will be 28.8% ad valorem. The textile category designation is 647.

The applicable subheading for the top composed of 55 polyester/45 cotton or 65 polyester/35 cotton will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ shirts: Of man-made fibers: Other, Other: Other: Other: Men’s.” The rate of duty will be 30 cents/kg + 26.7% ad valorem. The textile category designation is 640.

The applicable subheading for the 100% cotton belt imported separately or/as part of the polyester/cotton blend karate uniforms, will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of cotton.” The rate of duty will be 15% ad valorem. The textile category designation is 359.

The applicable subheading for the 55 polyester/45 cotton blend or 65 polyester/35 cotton blend belt will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories;Other, Of man-made fibers.” The rate of duty will be 15% ad valorem. The textile quota category designation is 659.

Based upon international textile trade agreements products of China and Macau are subject to quota and the requirement of visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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