The tariff classification of a woman's jacket and pair oftrousers from Thailand

NY 891044 October 20, 1993 CLA-2-62:S:N:N5:357 891044 CATEGORY: Classification TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510 Ms. Karen Bartley Dollar General Corporation 427 Beech Street Scottsville, Kentucky 42164-1698 RE: The tariff classification of a woman's jacket and pair of trousers from Thailand Dear Ms. Bartley: In your letter dated September 30, 1993, on behalf of Dolgencorp, Inc., you requested a classification ruling. The sample submitted, style number 123, consists of a woman's jacket and pair of trousers constructed of a woven outershell composed of a 210T crinkle 100% nylon fabric stated to be coated with a 600mm polyurethane which renders the garments water resistant. The garments are lined with a knit 65% polyester/35% cotton fabric. The coating does not change the surface character of the fabric, therefore HTS 6210 does not apply. The jacket has a full front opening secured by a heavy-duty zipper that extends to the top of the collar. The sleeve cuffs and waistband are elasticized. There are two slanted front pockets at the waist. The trousers have an elasticized waistband. There are two front pockets with side openings below the waist. Each ankle cuff is elasticized and has a zipper opening. If the jacket 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 6202.93.4500, which provides for other women'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 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 percent ad valorem. If the trousers pass 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 6204.63.3000, which provides for other women's water resistant trousers or 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 6204.63.3510, which provides for other women's trousers or breeches, of synthetic fibers. The duty rate will be 30.4% percent ad valorem. The jacket falls within textile category designation 635. The trousers 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