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NY 872807




APRIL 13, 1992

CLA-2-62:S:N:N3I:357 872807

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510. 6203.43.3500; 6203.43.4010

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

RE: The tariff classification of a man's windbreaker-type jacket and pair of trousers from Malaysia

Dear Ms. Miller:

In your letter dated March 18, 1992, you requested a classification ruling.

The sample submitted, Nike Holiday 1992 style number 155044, is a man's "Golf Fallbrook Rainsuit". The rainsuit consists of a windbreaker-type jacket and pair of trousers "designed and marketed to be worn over clothing for protection from inclement weather". The jacket and trousers are constructed of an outershell composed of a woven air texturized "Nikelon" 100% nylon fabric. Each garment is lined with a woven 100% nylon fabric laminated to a Gore-Tex membrane.

The jacket is composed of constrasting colored fabric inserts and has a full front opening secured by a heavy-duty zipper closure which extends to the top of the garment's collar. A storm flap with "VELCRO"-type fasteners covers the zipper area. The garment has a ribbed-knit inner neck warmer collar and elasticized sleeve cuffs. There are two zippered front pockets at the waist and an embroidered "Nike" logo on the left chest.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there are two side seam pockets and two side seam vent openings. The vent openings can be used for access into inner garments. On the ankle cuffs there is a "VELCRO"-type fastener and side seam zipper openings that extends approximately three-quarters along the length of the leg. At the top of the left zipper there is an embroidered "Nike" logo.

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

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers or breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Malaysia 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.

Sincerely,

Jean F. Maguire

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