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NY 804527




December 6, 1994

CLA-2-62:S:N:N5:357 804527

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6203.43.3500

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-0057

RE: The tariff classification of two men's jackets and a man's pair of trousers from Hong Kong or China

Dear Mr. Richardson:

In your letter dated November 18, 1994, on behalf of Ashworth, Inc., you requested a classification ruling.

Three samples were submitted as follows: Styles AA-2001 and AA-2003, are two men's jackets constructed of a woven 100% polyester fabric outershell with a 100% polyester "Coolmax" mesh fabric lining. Style AA-2002, is a man's pair of trousers constructed of a woven 100% polyester fabric outershell with a 100% nylon "Aqua Clima" fabric lining. Each garment is stated to be impregnated with Dupont's "Teflon" rendering them water resistant.

The "Teflon" impregnation is not "visible," as that term is defined in the tariff, therefore HTS 6210 does not apply.

Style AA-2001 is a pullover jacket which has a stand-up collar and a partial front opening at the neck secured by a zipper closure which extends to the top of the collar. The garment's sleeve cuffs and waistband are elasticized. There are two side seam pockets at the waist and a large front pocket on the left side. The opening of the front pocket is covered by an overlay strip of fabric which has a sewn-on label featuring the "Ashworth" trade name. The jacket's free-hanging back yoke covers the garment's mesh lining.

Style AA-2003 has a stand-up collar with a full front opening secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with three snaps covers the zipper area. The jacket has two slanted front pockets, ribbed-knit fabric storm cuffs, an elasticized waistband and a free-hanging back yoke that covers a mesh lining. Sewn onto the right front pocket is a label featuring the "Ashworth" trade name.

Style AA-2002 has a fly front opening secured by two snaps on the front waistband. The back of the waistband is elasticized. Below the waist there are two front pockets, two zippered front openings which can be used by the wearer for easy access into inner garments, and a right rear pocket. The rear pocket has an overlay strip of fabric with a sewn-on label that features the trade name "Ashworth". Each trouser leg has a zipper and snap opening on the ankle cuffs.

The samples are being returned to you.

You state that while the samples enclosed are labelled as made in the U.S.A., production of these garments will be in either Hong Kong or China.

With your letter you submitted a test report from an independent laboratory certifying that the garments passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

If the jackets pass 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 garments 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 trousers pass 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 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

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

Sincerely,

Jean F. Maguire
Area Director

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