The tariff classification of a man's track suit and jacketfrom the Federated States of Micronesia, Bangladesh or Guatemala

NY 869621 DECEMBER 23, 1991 CLA-2-62:S:N:N3I:357 869621 CATEGORY: Classification TARIFF NO.: 6211.33.0035; 6211.33.0030; 6201.93.3000; 6201.93.3510; 6203.43.3500; 6203.43.4010; Ms. Patricia Farrell Export-Import Services, Inc. 900 Route 9 Woodbridge, N.J. 07095-1003 RE: The tariff classification of a man's track suit and jacket from the Federated States of Micronesia, Bangladesh or Guatemala Dear Ms. Farrell: In your letter dated December 6, 1991, on behalf of Mighty- Mac Division of Philippe Monet Ltd., you requested a classification ruling. The following samples were submitted: Style number 4249MD is a man's tracksuit. The track suit consists of a windbreaker- type jacket and a pair of trousers constructed of outershells composed of a woven 100% nylon fabric which you state has been coated with 600mm/450mm polyurethane on the inner surface rendering the garments water resistant. Each garment is lined with a 65% polyester/35% cotton knit fabric. The coating on the jacket and trousers does not change the surface character of the fabric, therefore HTS 6210 does not apply. We can only rule on the submitted sample. Any change in the construction of the lining could have an impact on the classification of the track suit. The jacket has a full front opening secured by a heavy-duty zipper with a "T-Bar" metal pull. The zipper extends to the top of the collar. There are two zippered front pockets at the waist. The sleeve cuffs and waistband are elasticized. The trousers have an elasticized waistband with a drawstring tightening. There are two front pockets with side openings below the waist. The ankle cuffs are elasticized and have a zipper opening. Style number 5221MD is a man's hip-length windbreaker-type jacket constructed of a woven 100% nylon fabric shell. Although you state that the garment has a 65% polyester/35% cotton knit lining, upon examination we have noted that the lining is composed of a woven fabric, not a knit. The jacket has a full front opening secured by a heavy-duty zipper closure. There are two front slash pockets at the waist. The sleeve cuffs and waistband are elasticized. On the back of the jacket there is a sewn- on textile loop bearing the Mighty- Mac trade name. The samples are being returned to you as you have requested. The applicable subheading for the jacket of style number 4249MD will be 6211.33.0035, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys', of man-made fibers, track suits, other. The rate of duty will be 17 percent ad valorem. The applicable subheading for the trousers of style number 4249MD will be 6211.33.0030, (HTS), which provides for other garments, men's or boys', of man-made fibers, track suits, trousers. The rate of duty will be 17 percent ad valorem. Should the jacket and trousers of style number 4249MD be manufactured in two different countries and imported separately classification will be as follows: If the jacket passes the water resistance test specified in the (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem. If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem. If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers and breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem. If the trousers do not pass the water resistance test then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's or boys' trousers and breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem. The applicable subheading for style number 5221MD will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem. The jacket of style number 4249MD and the jacket of style number 5221MD fall within textile category designation 634. The trousers of style number 4249MD fall within textile category designation 647. Based upon international textile trade agreements products of Bangladash are presently subject to quota restraints and the requirement of a visa. Products of the Federated States of Micronesia or Guatemala are not presently subject to quota restraints or 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