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NY 877822




September 18, 1992

CLA-2-61:S:N:N3-I:356 877822

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6101.30.2010; 6110.30.3050

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P. C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of men's knit and woven garments from Hong Kong.

Dear Mr. Kamnitz:

In your letter dated July 31, 1992, which was resubmitted on August 31, 1992, you requested a tariff classification ruling, on behalf of Polo/Ralph Lauren, for two styles of knit and woven garments.

The first style will be imported under P.O. numbers 54661 and 53713. You indicate that the two P.O. numbers cover identical merchandise. The sample submitted is a man's jacket which is constructed from 100 percent polyester finely knit fabric which is heavily napped on both surfaces, with 100 percent nylon woven fabric overlays.

The garment features a full front, zippered opening; long sleeves with elasticized cuffs which have a gusset and are adjusted by a closure similar to the VELCRO brand hook and loop fastener; a hood with an elasticized drawstring; slash pockets with zippered closures; an embroidered patch on the left sleeve; and an elasticized tunnel waistband.

The visible surface area of the garment consists of 62 percent knit fabric and 38 percent woven fabric. The knit portions consist of the outer portion of the hood; the long sleeves; and the lower half of the front and back panels. The woven portions consist of the inner portion of the hood; the upper half of the front and back panels; the elongated elbow patches which reach to the cuff; and the elasticized cuffs and gussets.

The second style will be imported under P.O. number 53712. The sample submitted is a man's pullover garment which is con- structed from 100 percent polyester finely knit fabric which is heavily napped on both sides, and 100 percent nylon woven fabric.

The garment features a partial front opening with a zippered closure which extends to the ends of a convertible collar; long sleeves with elasticized cuffs which have a gusset and are adjusted by a closure similar to the VELCRO brand hook and loop fastener; side seam pockets; an embroidered patch on the left chest; and a tunnel waistband with an elasticized drawstring closure.

The visible surface area of the garment consists of 79 percent knit fabric and 21 percent woven fabric. The knit portions consist of the lower two-thirds of the front and back panels; the inside of the convertible collar; and the long sleeves. The woven portions consist of the upper one-third of the front and back panels; the outside of the convertible collar; and the elasticized cuffs and gussets.

As requested, your samples will be returned.

The essential character of both garments is imparted by the knit portions. Consequently, the subheading for the first garment, which will be imported under P.O. numbers 54661 and 53713, will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 30 percent ad valorem.

The applicable subheading for the second garment, which will be imported under P.O. number 53712, will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys'. The duty rate will be 34.2 percent ad valorem.

The first garment, imported under P.O. numbers 54661 and 53713, falls within textile category designation 634. The second garment, imported under P.O. number 53712, falls within textile category designation 638. Based upon international textile trade agreements, products of Hong Kong are subject to visa re- quirements.

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 in- spection 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 already been filed, 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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