NY 0853652 - The tariff classification of ski garments from Taiwan - United States International Trade Commision Rulings

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NY 853652
July 18, 1990

CLA-2-62:S:N:N3:357 853652

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1020; 6210.50.1030; 6210.50.1040

Ms. Baysie Wightman
Burton Snowboards
Manchester Center, Vermont 05255

RE: The tariff classification of ski garments from Taiwan

Dear Ms. Wightman:

In your letter dated June 11, 1990, you requested a classification ruling.

Four samples were submitted. Each of the garments has an outershell of woven nylon which has applied to its underside a polyurethane plastics material. The finished dry weight of this plastics material is .87 oz. per square yard. We have been advised that these garments are designed for unisex wear.

Style B2A, Freestyle Shell, has a partial front opening with an off-center zipper, a covered center chest pocket, elasticized cuffs and waist, zippered slant pockets at the waist, a polyfill insulation and a drawstring waist. The shell is composed of contrasting color pieced fabrics. The coating on this style is identified by the tradename Permia NBK5700.

Style B11A, Freestyle Pant, has a front zippered opening with two snaps at the waist, zippered pockets below the waist, an elasticized waistband, reinforced fabric in the knees and the seat, side zippers extending from the waist to the ankle and VELCRO-type closures at the cuffs and waistband. Although lined, this garment is not insulated. The coating on this garment is designated Permia NBK4455.

Style 140, Freestyle Suit, is a coverall with long sleeves, a concealed hood, an elasticized waistband with a self-fabric belt threaded through belt loops, a front zipper opening covered by a flap with snaps, vertical zippers extending from the cuffs, VELCRO-type adjustment straps at the cuffs, zippered pockets below the waist and two covered pockets in the left chest. This garment is also lined but not insulated and is coated with Permia NBK5700.

Style B7A, Freelight Shell, is a pullover jacket with a partial front zipper opening covered by a flap with two snaps, a concealed hood, slant zippered pockets at the waist, a drawstring bottom with cordlocks, elasticized cuffs and one covered pocket in the center chest. Also lined but not insulated, this garment has a Permia NBK4455 coating.

Examination of the shell fabric of these samples reveals that the application of the polyurethane plastics material has changed the surface character of the fabric. Therefore, the garments are classifiable under Heading 6210, HTS.

The applicable subheading for the styles B2A and B7A pullover jackets will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' anoraks (including ski- jackets), windbreakers and similar articles of man-made fibers, made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

The applicable subheading for style B11A will be 6210.50.1030, HTS, which provides for other women's or girls' trousers or breeches of man-made fibers made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

The applicable subheading for style 140 will be 6210.50.1040, HTS, which provides for other women's or girls' overalls and coveralls of man-made fibers made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

The jackets fall within textile category designation 635, the pants within category 648 and the coveralls within 659. Based upon international textile trade agreements, products of Taiwan 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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