The tariff classification of track suits from India

NY I81097 April 26, 2002 CLA-2-61:RR:NC:TA:358 I81097 CATEGORY: Classification TARIFF NO.: 6102.20.0010; 6102.20.0020; 6104.62.2006; 6104.62.2011; 6104.62.2026; 6104.62.2028; 6110.20.2075 RE: The tariff classification of track suits from India Rodney Rolston Trans-Border Customs Services, Inc. P.O. Box 800 Champlain, NY 12919 Dear Mr. Rolston: In your letter dated April 17, 2002, written on behalf of Agence M. Rainville Inc., you requested a classification ruling. One of the submitted track suits, which you have designated as styles K675-6-130 and G675-6-130 for girls’ sizing, and as styles 6049-50-130 and 6049-50-130-dis for ladies’ sizing, manufactured from velour fabric of 80% cotton/20% polyester, is comprised of a pair of trousers through the rib-knitted waistband of which a drawstring is threaded, and of a garment for the upper body, characterized by a full-front, zippered opening, by a rib-knitted waistband, by rib-knitted cuffs of long sleeves, and by a hood through which a drawstring is threaded. Another of the submitted track suits, which you have designated as styles K672-4-120 and G672-4-120 for girls’ sizing, and as style 6052-4-120 for ladies’ sizing, manufactured from fleece fabric of 80% cotton/20% spandex, is comprised of a pair of trousers through the waistband of which a drawstring is threaded, and of a garment for the upper body, characterized by a full-front, zippered opening, by long sleeves, by a hood through which a drawstring is threaded, and by an open pocket at the lower portion of each of the fronts. The other of the submitted track suits, which you have designated as styles K671-4-120 and G671-4-120 for girls’ wear, manufactured from fleece fabric of 80% cotton/20% spandex, is comprised of a pair of trousers through the waistband of which a drawstring is threaded, and of a long-sleeved, v-necked pullover. As you have requested, the three track suits are being returned. The applicable subheading for the girls’ trousers of the styles which contain spandex will be 6104.62.2026, Harmonized Tariff Schedule of the United States (HTS), which provides for …girls’…trousers…, knitted…, trousers…, of cotton, other, girls’, other, containing 5 per cent or more by weight of elastomeric yarn or rubber thread; and for the girls’ trousers of the style which does not contain spandex will be 6104.62.2028, which provides for …girls’ trousers…, knitted…, trousers…, of cotton, other, girls’, other, other. The duty rate in either case will be 15.3 per cent ad valorem. The applicable subheading for the ladies’ trousers of the styles which contain spandex will be 6104.62.2006, which provides for women’s…trousers…, knitted…, trousers…, of cotton, other, women’s, containing 5 per cent or more by weight of elastomeric yarn or rubber thread; and for the ladies’ trousers of the style which does not contain spandex will be 6104.62.2011, which provides for women’s…trousers…, knitted…, trousers…, of cotton, other, women’s, other. The duty rate in either case will be 15.3 per cent ad valorem. The applicable subheading for the v-necked pullover will be 6110.20.2075, which provides for …pullovers…, knitted…, of cotton, other, other, other, …girls’. The duty rate will be 17.3 per cent ad valorem. The applicable subheading for the zippered, upper body garments in girls’ sizes will be 6102.20.0020, which provides for …girls’…anoraks…, windbreakers and similar articles, knitted…, other than those of heading 6104, of cotton, girls’; and in ladies’ sizes will be 6102.20.0010, which provides for women’s…anoraks…, windbreakers and similar articles, knitted…, other than those of heading 6104, of cotton, women’s. The duty rate in either case will be 16.1 per cent ad valorem. All of the trousers fall within textile category designation 348, the v-necked pullover within 339, and the zippered, upper body garments within 335. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kirschner at 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division