CLA-2-62:S:N:N3I:357 863062
Mr. Patrick Leung
Fera International Corp.
3521 Challenger Street
Torrance, California 90503
RE: The tariff classification of a woman's one-piece ski-suit
and vest from Hong Kong
Dear Mr. Leung:
In your letter dated May 1, 1991, you requested a
classification ruling.
The samples submitted for style number 11404 Diamond Suit,
are a woman's one-piece ski-suit and vest. The ski-suit is
constructed of a shell composed of a woven 100% nylon fabric
which you state is coated with an acrylic milky coating rendering
the garment water resistant. The garment has a 40gm. Thermoloft
insulation. Imported with the ski-suit is a detachable belt
composed of the same fabric as the garment shell on one side and
an embroidery design fabric on the other. The belt is held to
the ski-suit by belt loops on the garment's waistband.
The coating on the ski-suit does not change the surface
character of the fabric, therefore HTS 6210 does not apply.
The ski-suit has a zippered front opening, long sleeves and
a double collar. The zippered front openings extends to the top
of the inner collar. The outer collar is detachable and is held
to the garment by a zipper. The top portion of the outer collar
is composed of a knit 100% acrylic black pile fabric made into
fake fur. The waistband, sleeve cuffs and ankle cuffs are
elasticized. At the shoulders there is an overlay strip of
fabric with an embroidery design. The embroidery design matches
the embroidery on the belt. There are two zippered pockets below
the waist and a zippered side seam pocket on the left leg.
The Customs Service has determined that belts and collars of
these
types imported and sold with a garment are composite goods as
that term is defined in the HTS. The classification is based on
which portion provides the essential character. In this case it
is the garment.
The vest is waist length and is constructed of a knit shell
composed of a 100% acrylic black pile fabric made into fake fur.
The knit fabric has more than 9 stitches per 2 centimeters
measured in the horizontal direction. The vest has woven 100%
nylon fabric trimmings and is lined with a woven 100% nylon
taffeta fabric. The garment is sleeveless, has a collar with a
scoop neckline in the front, a full front opening secured by
five snaps and an elasticized waistband.
The samples are being returned to you as you have requested.
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
women's water resistant ski-suits, other. The duty rate will be
7.6 percent ad valorem.
If the ski-suit does not pass the water resistance test,
then the applicable HTS subheading for the garment will be
6211.20.7035, which provides for other women's ski-suits, of man-
made fibers, other. The duty rate will be 17 percent ad valorem.
The applicable HTS subheading for the vest will be
6110.30.3035, which provides for other vests, other than sweater
vests, knitted or crocheted, of man-made fibers, women's or
girls'. The duty rate will be 34.2 percent ad valorem.
The ski-suit and the vest each fall within textile category
designation 659. Based upon international textile trade
agreements 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