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NY 817428




March 4, 1996

CLA-2-62:SF:I10 817428

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510

William F. Sullivan
MSAS CUSTOMS LOGISTICS, INC.
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of women's man-made fiber woven jackets and pants from Taiwan

Dear Mr. Sullivan:

In your letter dated October 27, 1995, with follow-up information dated December 11, 1995, you requested a tariff classification ruling on behalf of Newport News, Inc.

The submitted garment, Style R2351, will be returned as you have requested. You describe the subject style as a jog-suit comprised of a jacket and a pair of pants. According to your submission, the garments have been independently tested for water resistance. The coating is not separately visible, therefor HTS 6210 is not applicable.

The jacket features a full front zippered opening through the stand-up collar, side seam pockets, long sleeves with elasticized cuffs, an elasticized waistband, a full lining constructed from 65% polyester, 35% cotton knit fabric and an upper body highly decorated with piping, bugles and beads.

The pants feature long legs with elasticized cuffs and lower side seam zippered openings, two side pockets, a non-opening elasticized waistband and a lining and piping identical to that featured in the jacket.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS)m Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6%.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's or girls' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3%.

If the pants pass the water resistance test as above, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts of synthetic fibers, water resistant. The duty rate will be 7.6%.

If the pants do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for women's or girls' trousers, bib and brace overalls, breeches and shorts of synthetic fibers. The duty rate will be 30.2%

The jacket falls within textile category designation 635 and the pants fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan are subject to quota 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. 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.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Thomas J. O'Brien
Acting Port Director

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