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NY 853140

June 29, 1990

CLA-2-62:S:N:N3:357 853140

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510

Ms. Doris Acosta
Warnaco
Customs Compliance Dept.
485 7th Ave., 14th Floor
New York, N.Y. 10018

RE: The tariff classification of two women's ski garments from Korea

Dear Ms. Acosta:

In your letter dated June 1, 1990, you requested a classification ruling.

Two samples were submitted and are being returned as you requested. Both have a 100% nylon woven outershell and lining and a nonwoven polyester filling. The outershell of both garments has an application of "AT20 MK," which you have previously indicated is a silicone coating.

Examination of the samples indicates that they are not visibly coated; therefore, classification in heading 6210 HTS is not applicable.

Style 16203 is a pair of trousers and has a fly front with a zipper opening, two slant, zippered pockets, an elasticized waist and stirrups.

Style 16204 is pair of low-rise bib pants with slant zippered pockets, elasticized cuffs and partially elasticized suspenders and waist. The coverage of the chest on this garment is insufficient for it to be considered bib and brace overalls.

If meeting the water resistance requirements in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for the two garments will be 6204.63.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' water resistant trousers of synthetic fibers. The duty rate will be 7.6% ad valorem.

If not meeting the requirements of Additional U.S. Note 2, the applicable subheading for the two garments will be 6204.63.3510, HTS, which provides for other women's trousers of synthetic fibers. The duty rate will be 30.4% ad valorem.

Both garments fall within textile category designation 648. Based upon international textile trade agreements, products of Korea are 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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