CLA-2-62:S:N:N5:357 883033
Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman
707 Wilshire Blvd.
Los Angeles, CA 90017
RE: The tariff classification of a woman's warmup set from
Taiwan, China or Hong Kong
Dear Mr. Powell:
In your letter dated February 17, 1993, on behalf of
Nicholas Import Corp., you requested a classification ruling. A
sample was submitted and is being returned as you requested.
The set, style 13239, consists of a jacket and trousers,
both of which are made with a shell fabric of man-made fibers.
The trousers are of a single color fabric and are pull-on
type with an elasticized waist but no waist opening. They have a
knit 65% polyester/35% cotton lining and a zipper extending
upward from each of the elasticized cuffs. They have not been
treated for water resistance.
The jacket has a stand-up collar and a full front opening
secured by a heavy-duty zipper which extends to the top of the
collar. The sleeve cuffs and waistband are elasticized. On the
front and back of the jacket there is quilting of the nylon
fabric shell to a non-woven 100% polyester batting, contrasting
colored decorative fabric inserts and piping. Two front pockets
secured by flaps with snap closures are located at the waist.
The jacket is lined with a woven 100% nylon fabric stated to have
a 600mm polyurethane coating. Because the lining does not extend
beyond the facing, the result is a garment with a significant gap
of untreated fabric on either side of the zipper opening. Because
of this we do not regard this as a water resistant garment.
The applicable subheading for the pants will be
6204.63.3510, Harmonized Tariff Schedule of the United States
(HTS), which provides for other women's trousers of synthetic
fibers. The duty rate will be 30.4% ad valorem.
The applicable subheading for the jacket will be
6202.93.5011, which provides for other women's anoraks,
windbreakers and similar articles of man-made fibers. The duty
rate will be 29.5% ad valorem.
The trousers and jacket fall within textile category
designations 648 and 635, respectively. Based upon international
textile trade agreements products of Taiwan and China are
presently subject to quota restraints and the requirement of a
visa. Products of Hong Kong 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. Since 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 Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport