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NY 866073

September 3, 1991

CLA-2-62:S:N:N3I:357 866073


TARIFF NO.: 6202.93.5010; 6204.63.3510

Ms. Jane Vergona
Total Port Clearance, Inc.
10 Fifth Street
Valley Stream, New York 11581

RE: The tariff classification of a woman's jacket and pair of trousers from Taiwan

Dear Ms. Vergona:

In your letter dated August 5, 1991, on behalf of Rousso Apparel Group, Inc., you requested a classification ruling.

The sample submitted, style number 624, consists of a woman's jacket and pair of trousers. The jacket is constructed of a woven 75% nylon/16% polyester/9% cotton sheeting fabric. The pair of trousers are constructed of 65% polyester/35% cotton fabric.

The jacket has a shirt style collar, long sleeves and a full front opening secured by a heavy-duty zipper closure. The sleeve cuffs and waistband are elasticized. There are two side seam pockets at the waist. The v-shaped front yoke and pocket linings are composed of knit fabric inserts.

The trousers have an elasticized waistband. Below the waistband there are two side seam pockets. Each trouser leg has a straight bottom edge with no tightening elements or zipper openings.

The Customs Service has determined that for merchandise to be classified as a tracksuit it must belong to a class of goods principally used for running or jogging. Review of this merchandise indicates that, although it possesses some tracksuit features, overall, it is more in the nature of casual wear.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6202.93.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the trousers will be 6204.63.3510, HTS. which provides for other women's trousers and breeches, of synthetic fibers. The duty rate will be 30.4 percent ad valorem.

The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan are presently 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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