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NY 875729

JULY 20, 1992

CLA-2-62:S:N:N3I:357 875729


TARIFF NO.: 6202.93.4500; 6204.63.3000

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a woman's jacket and pair of trousers from Hong Kong; Packed and sold separately; Separates.

Dear Mr. Maloney:

In your letter dated June 24, 1992, on behalf of your clients, Hard Corps Sports and Frank Shorter Sports, you requested a classification ruling.

Two samples were submitted as follows: Style number 27601 is a woman's jacket. Style number 27602 is a woman's pair of trousers. Both the jacket and the trousers are constructed of outershells composed of a woven 100% polyester fabric. Each garment has a 100% nylon fabric lining laminated to a "Gore-Tex" membrane.

The jacket is hip-length and has a full front opening secured by a heavy-duty zipper that extends to the top of the collar. There is an overlapping flap with "VELCRO"-type fasteners that covers the zipper area. A removable roll-up hood with a drawcord is concealed within the jacket's collar by a "VELCRO"-type fastener. The garment's front and back yokes cover a mesh opening. There are two zippered front pockets at the waist. The waistband has a drawcord tightening and is elasticized on the back. The sleeve cuffs are elasticized and have an adjustable "VELCRO"-type fastener. A textile label with the "Gore-Tex" trade name is sewn to the left side seam.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waistband there is a zippered right rear pocket. At the bottom of each trouser leg there is a zipper opening and a "VELCRO"-type fastener. On the right leg there is embroidery depicting a female runner and the "FSW" logo. On the left leg sewn to the side seam there is a textile label featuring the "Gore-Tex" trade name.

You state that the jacket and trousers are imported individually packed and labeled and will be typically imported on separate shipments. However, the jacket and trousers may also be imported together on the same shipment. Whether the garments are imported on separate shipments or together on the same shipment and marketed as separates as you have indicated, then style numbers 27601 and 27602 will be classified as separate garments.

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

The applicable subheading for the jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other womens' anoraks, windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the trousers will be 6204.63.3000, HTS, which provides for other womens' water resistant trousers and breeches, of synthetic fibers. The duty rate will be 7.6 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 Hong Kong are not presently subject to quota restraints but a visa is required.

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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