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NY 864878

July 31, 1991

CLA-2-62:S:N:N3:357 864878


TARIFF NO.: 6201.93.3510; 6203.43.4010

Ms. Christy Miller
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of two men's warmup suits from Malaysia and Thailand.

Dear Ms. Miller:

In your letter dated June 27, 1991, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The first set, style 130013, Men's Force Warm-Up, made in Malaysia, consists of a jacket with a full-front opening with a zip-through collar and pull-on trousers. The shell fabric of each is woven texturized nylon. Both garments are completely lined with a knit mesh fabric. The jacket has striped, rib knit cuffs, waistband and inserts where the sleeves join the body. These knit inserts are approximately three-and-one-half inches wide. The remainder of the shell is woven fabric of pieced construction in contrasting colors. The pants have an elasticized waistband with an inner drawstring, slant pockets at the waist with contrasting welting and zippers extending up from the cuffs. Both garments have an embroidered Nike logo. In addition, the upper back of the jacket has a large embroidered "Force" logo.

The knit inserts on the jacket allow greater freedom of arm movement than a simple all-woven construction. This is borne out by the hang tag which indicates that the set is designed for basketball with designs that allow freedom of movement for unrestricted play.

The second set, style 130029, Men's Air Jordan Warm-Up, made in Thailand, consists of a jacket and pants of 100% polyester woven twill shell fabric with a finely knit 6.7 ounce loop fabric lining. This lining weighs 152 grams per square meter. The jacket has a full-front opening with a zip-through collar, pockets with snaps at the waist, elasticized cuffs and waistband, quilting on the sleeves and vertical rows of concealed braided cording extending from the top of the pockets over the shoulders and down the back. The jacket also has an embroidered Nike logo on the left chest, a twill fabric label approximately eight inches square sewn to the lining in the upper back and a contrasting color embroidered Air Jordan logo with a silhouette figure on the upper back of the shell. The pants are of the same fabric construction. They have an elasticized waist with a drawstring but no opening, a fly front, side seam pockets with snaps, a rear pocket with a covered zipper, concealed vertical braided cording and vertical zippers at the ankles. The pants also have an embroidered Nike logo.

You suggested classification of these garments under the provisions for track suits in heading 6211, HTS. Our Headquarters office has recently ruled that classification in this heading is restricted to goods usually associated with running or jogging and that substantial linings other than for purposes of breathing and wicking away moisture from the skin on woven garments do not qualify as track suits.

The applicable subheading for the jackets of the two sets 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 duty rate will be 29.5% ad valorem.

The applicable subheading for the trousers of both sets will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's trousers of synthetic fibers. The duty rate will be 29.7% ad valorem.

The jackets fall within textile category designation 634, while the trousers fall within category 647. Based upon international textile trade agreements products of Malaysia and Thailand are subject to quota restraints and the requirement of a visa.

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.


Jean F. Maguire
Area Director

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