The tariff classification of Skisuits; ski ensemble; ski overall not applicable; Goretex; jacket and trousers from Hong Kong or China

NY 811638 June 27, 1995 CLA-2-62:S:N:N5:357 811638 CATEGORY: Classification TARIFF NO.: 6210.40.5020; 6210.40.5030 Ms. Phyllis Stieglitz Transfair N. Amer. Int'l. Freight Svcs. P.O. Box 68271 Seattle, WA 98168 RE: The tariff classification of Skisuits; ski ensemble; ski overall not applicable; Goretex; jacket and trousers from Hong Kong or China Dear Ms. Stieglitz: In your letter dated June 9, 1995, on behalf of Schoffel North America, you requested a classification ruling. The submitted sample, Northstar Model 8409, consists of a man's jacket and trousers set which can be worn as a single unit or as separates. The garments are constructed of a woven 100% polyester fabric laminated with a "GORE-TEX" membrane. The garments are lined with a woven 100% polyester fabric quilted to a non-woven batting. The jacket has a full front opening secured by a zipper closure. An overlapping flap with five snap closures covers the zipper area. The garment's detachable hood that has a drawcord tightening and a chin guard secured by "VELCRO"-type fasteners is held to the garment by three snaps. The hood can be rolled-up and concealed within the garments collar by a tab with a "VELCRO"-type fastener. The garment has two zippered handwarmer pockets and a zippered pocket on the left chest. The "Schoffel" trade name is embroidered onto the left chest. The sleeve cuffs are partially elasticized and have a "VELCRO"-type fastener. On each side of the jacket there is a zipper opening that may be used for access into inner garments. At the bottom of the jacket there is a textile belt held to the garment by belt loops. A zipper surrounding the bottom edge of the garment is used for attaching the trousers. The trousers have a zippered fly front opening secured by two metal hook fasteners at the front waist. Elasticized suspenders are attached to the top of the waistband. Surrounding the bottom of the waistband is a zipper used for the attachment of the jacket. There are two zippered front pockets below the waist, a zippered pocket on the right thigh, and a zippered pocket on the lower portion of the right leg. The "Schoffel" trade name is embroidered onto the left leg. At the bottom of the trouser legs there is a zipper opening and an elasticized ankle cuff secured by an adjustable tab with a snap closure. The bottom of the trouser leg also features an inner storm cuff. The sample is being returned to you. In accordance with HTS Section XI Legal Note 13, these garments are classifiable in their individual subheadings. The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments made up of fabrics of 5602, 5603, 5903, 5906 or 5907: Other men's or boy's garments: Of man- made fibers: Other: Anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem. The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments made up of fabrics of 5602, 5603, 5903, 5906 or 5907: Other men's or boy's garments: Of man- made fibers: Other: Trousers, breeches and shorts. The duty rate will be 7.6 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 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