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NY J81634

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March 11, 2003

CLA-2-62:RR:NC:TA:358 J81634

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3521; 6203.43.3500; 6203.43.4020

Dana L. Bounds
UPS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a tracksuit for toddler boys’ wear from Hong Kong

Dear Ms. Bounds:

In your letter dated February 26, 2003, written on behalf of Design Resources, Inc., you requested a classification ruling.

Submitted style 200 is comprised of two garments, each of which is manufactured from a woven outershell of 100% nylon, which you state is coated with polyurethane, and each of which is lined with woven fabric of 100% nylon.

One of these garments is a loose-fitting pair of trousers, fully elasticized around the waistband, styled by a zipper, approximately six inches in length, which extends vertically from the ankle on each of the legs, by a closed pocket at the side of one of the legs, by textile overlays, and by embroidery.

The other of these garments is a jacket, characterized by a full-front, zippered opening, by a hood, by elasticized cuffs of long sleeves, by open pockets at the lower portion of each of the fronts, by textile overlays, and by embroidery.

If the garments comprising style 200 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 tariff subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for boys’anorakswindbreakers and similar articlesother than those of heading 6203, of man-made fibers, other, other, other, water resistant; and for the trousers will be 6203.43.3500, which provides for boys’trousersof synthetic fibers, other, other, other, other, water resistant trousers. The duty rate for either will be 7.2 per cent ad valorem

If the garments comprising style 200 do not pass this test, then the applicable tariff subheading for the jacket will be 6201.93.3521, which provides for boys’anorakswindbreakers and similar articlesother than those of heading 6203, of man-made fibers, other, other, other, other, boys’; and for the trousers will be 6203.43.4020, which provides for boys’trousersof synthetic fibers, other, other, other, other, other, trousers, boys’, other. The rates of duty will be 27.9 and 28.1 per cent ad valorem, respectively.

Although you have suggested classification under HTS 6211.33.0035, these garments in toddlers’ sizes will not be used primarily for athletic purposes.

Whether or not water resistant, the pants fall within textile category designation 647 and the jacket falls within 634. Based upon international textile trade agreements products of Hong Kong may be subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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. If you have any questions regarding the ruling, contact National Import Specialist Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6201.93.30 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6201.93.35 - Men's or boys' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6203.43.35 - Men's or boys' trousers and breeches, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6203.43.40 - Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, cont under 36% wt wool, n/water resist, not k/c
• Tariff No.: 6211.33.00 - Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers