The tariff classification of a man's jacket and pair of trousers from Hong Kong and/or Taiwan

NY 892564 NOVEMBER 26, 1993 CLA-2-62:S:N:N5:357 892564 CATEGORY: Classification TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010 Mr. George A. Menendez Sack & Menendez, Inc. 501 Jackson Street P.O. Box 986 Tampa, Florida 33601 RE: The tariff classification of a man's jacket and pair of trousers from Hong Kong and/or Taiwan Dear Mr. Menendez: In your letter dated November 12, 1993, on behalf of your client Athco, Inc., you requested a classification ruling. The sample submitted, style number FTS-002, consists of a man's reversible pullover jacket and a pair of trousers. One side of the jacket and trousers is constructed of a knit 76% polyester/12% cotton/12% rayon fabric. The other side of each garment is constructed of a woven 100% nylon fabric which is stated to coated with 600mm polyurethane which renders the jacket and trousers water resistant. The coating on each garment does not change the surface character of the fabric, therefore HTS 6210 does not apply. The jacket has an integral hood with a drawcord tightening and a partial front opening at the neck secured by a zipper with a reversible zipper pull. The sleeve cuffs and waistband are composed of a ribbed-knit fabric. Both sides of the jacket have a front hand warmer pocket also composed of a ribbed-knit fabric. The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets and a right rear pocket below the waist. The ankle cuffs are composed of a ribbed-knit fabric. The samples are being returned to you. 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 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 6201.93.3511, 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 water resistant trousers or breeches, of synthetic fibers. 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 trousers and breeches, of synthetic fibers. The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan 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