CLA-2-62:S:N:N3I:357 877861

6204.63.3532

Ms. Rita Cinque
TI Sportswear, Inc.
1350 Broadway
Suite 2300
New York, N.Y. 10018

RE: The tariff classification of a woman's ensemble from Thailand

Dear Ms. Clinque:

In your letter dated August 31, 1992, you requested a classification ruling. The sample submitted, Everlast style number 3000, is a woman's two-piece ensemble. The ensemble consists of a windbreaker-type jacket and pair of shorts composed of fabric inserts of contrasting colors, stripes and polka dots. Both components are of the same outershell fabric construction, (which is a woven 100% nylon fabric), the same color, style and composition and are of corresponding or compatible size.

The jacket is hip-length and has a stand-up collar with a full front opening secured by a heavy-duty zipper closure. There are two side seam pockets. The sleeve cuffs and waistband are elasticized.

The shorts have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist. The garment has leg separations and extends from the waist to the upper thigh in length.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket will be 6204.23.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ensembles of synthetic fibers, other: Garments described in heading 6202. The duty rate will be 29.5 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6202.93.5010.

The applicable subheading for the shorts will be 6204.23.0045, HTS, which provides for women's ensembles of synthetic fibers, other: Shorts. The duty rate will be 30.4 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6204.63.3532. The jacket falls within textile category designation 635. The shorts fall within textile category designation 648. Based upon international textile trade agreements products of Thailand 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. 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