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NY 850694


APR 09, 1990

CLA-2-62:S:N:N3I:357 850694

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3510; 6203.43.4010

Ms. Kristi L. Brokaw
Avia Group International, Inc.
16160 S.W. Upper Boones Ferry Road
Portland, Oregon 97224

RE: The tariff classification of two men's jackets and two men's pair of trousers from Thailand and Malaysia.

Dear Ms. Brokaw:

In your letter dated March 20, 1990, you requested a tariff classification ruling.

Four samples were submitted as follows: Style numbers 1F15 and 1F16 are men's hip-length windbreaker type jackets. Style 1F15 is constructed of a woven 100% nylon taffeta and style 1F16 is constructed of a woven 100% nylon traslex. Both jackets feature contrasting colored fabric inserts and a free hanging back yoke that covers a partial mesh lining. Each garment has a full front opening secured by a heavy-duty zipper closure, elasticized sleeve cuffs and waistband and two side seam pockets at the waist.

Style numbers 1l14 and 1l15 are two pairs of men's trousers. Style number 1l14 is constructed of a woven 100% nylon taffeta and style number 1l15 is constructed of a woven 100% nylon traslex. Each pair of trousers has an elasticized waistband with a drawstring tightening and side seam pockets. The trouser legs feature a zipper opening. Style 1l14 has elasticized ankle cuffs.

Your letter indicates that the items are imported in matching quantities of jackets and pants; however, they have different article numbers and are sold separately at retail. The letter states that they are usually sold to vendors in equal numbers, but a consumer could buy unmatched garments if they so desire. In our view the tariff provisions for track suits do not include garments as described above.

Our Headquarters office has ruled that lined garments are not classified track suits; therefore, the garments submitted are not considered track suits because of the addition of the partial mesh linings on the jackets which are not featured on the trousers.

The four samples are being returned to you as you have requested.

The applicable subheading for styles 1F15 and 1F16 will be 6201.93.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The applicable subheading for styles 1l14 and 1l15 will be 6203.43.4010, HTS, which provides for other men's trousers of man-made fibers. The rate of duty will be 29.7 percent ad valorem.

Styles 1F15 and 1F16 fall within textile category designation 634. Styles 1l14 and 1l15 fall within textile category designation 647. Based upon international textile trade agreements, products of Thailand and Malaysia are presently subject to quota restraints and a visa requirement.

The designated textile and apparel category 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

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