CLA-2-62:S:N:N3:357 876643
6203.43.4010; 6202.93.5010; 6204.63.3510
Ms. Christy Miller
Nike, Inc.
One Bowerman drive
Beaverton, OR 97005-6453
RE: The tariff classification of men's and women's jackets and
warmup sets from Thailand, Indonesia and Malaysia.
Dear Ms. Miller:
In your letter dated June 22, 1992, received on July 24, you
requested a classification ruling. Samples were submitted and are
being returned as you requested.
Style 130124, Men's Force Varsity Jacket, is a men's waist-
length varsity jacket with a woven body composed of a blended 80%
wool and 20% nylon fabric. The sleeves are of grain leather. The
collar, cuffs and waistband are rib knit. The jacket has a
quilted satin lining, slant pockets at the waist and a six-snap
front closure. There is embroidery in the left chest area and
across the back. The country of origin of this jacket is
Thailand.
Style 150132, Volleyball Letterman Jacket, is a men's waist-
length jacket with a woven cotton twill fabric body and knit
sleeves of 80% cotton and 20% polyester. It has a full-front
zipper opening, slant pockets at the waist, and a rib knit
collar, cuffs and waistband. It is lined with a light-weight knit
fabric. The Nike name and logo are embroidered on the left chest
and across the back. The country of origin for this item is
Indonesia.
Style 130147, Men's Flight Warm-Up, consists of a jacket and
pants, both of which have an outershell of 100% woven ripstop
nylon fabric and a lining of 100% nylon tricot knit fabric. The
jacket has a full-front opening with a zip-through collar, a
segmented flap with six snaps over the zipper, elasticized waist
and cuffs and pockets with vertical openings and snaps at the
waist. There is embroidery on the left chest and sleeve. The
pants have an elasticized waistband with an innerdrawstring but
no opening at the waist, a zipper at each cuff and side seam
pockets. The colors of the pants and jacket are not identical.
The country of origin is Malaysia.
Style 240062, Women's New Peplum Warm-Up, consists of a
jacket and pants made of a 100% woven nylon fabric lined with a
65% polyester/35% cotton jersey knit fabric. The jacket has a
full-front opening with a zip-through collar, large unsecured
pockets above the waist with multiple parallel rows of stitching
on the contrasting welting, printed fabric inserts on the
shoulders and extending down the sleeves, ending with contrasting
inserts having parallel rows of stitching, and elastic in the
cuffs and at the waist, which also has a drawstring with metal
stops. The jacket extends below the waist in a peplum style, with
no tightening element at the bottom. There is an embroidered logo
in the left chest area. The pants have an elasticized waistband
with an inner drawstring but no opening at the waist, a zipper at
each cuff and side welt pockets with parallel rows of stitching.
The zippers at the cuffs are covered with a contrasting colored
piece of fabric with parallel rows of stitching and a hook and
loop closure at the bottom. The garments are not of identical
fabrics. The country of origin is Thailand.
Style 240063, Women's Allover Print Warm-Up, consists of a
jacket and pants made of a 100% woven nylon fabric lined with a
65% polyester/35% cotton jersey knit fabric. The jacket has a
full-front opening with a zip-through collar, slant pockets with
snapped flaps above the waist, elastic in the cuffs and at the
waist, a drawstring collar and embroidery on the left sleeve. The
jacket extends below the waist in a peplum style, with no
tightening element at the bottom. The pants have an elasticized
waistband with an inner drawstring but no opening at the waist, a
zipper at each cuff and side seam pockets with embroidery on the
left pocket. The colors of the pants and jacket are not
identical. The country of origin for this set is Thailand.
Although you suggested classification of the three warmup
sets as track suits in heading 6211, HTS, examination of the
samples indicates that each set possesses features that would
exclude it from that heading. In the case of the men's suit it is
the non-breathing nylon lining; for the women's sets it is
primarily the peplum treatment on the jackets.
The applicable subheading for style 130124 will be
6201.91.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for men's anoraks, windbreakers and similar
articles of wool. The duty rate will be 52.9 cents/kilo plus 21 %
ad valorem.
The applicable subheading for style 150132 will be
6201.92.2050, HTS, which provides for other men's anoraks,
windbreakers and similar articles of cotton. The duty rate will
be 10% ad valorem.
The applicable subheading for the jacket portion of style
130147 will be 6201.93.3510, HTS, which provides for other men's
anoraks, windbreakers and similar articles of man-made fibers.
The duty rate will be 29.5% ad valorem.
The applicable subheading for the pants portion of style
130147 will be 6203.43.4010, HTS, which provides for other men's
trousers and breeches of synthetic fibers. The duty rate will be
29.7% ad valorem.
The applicable subheading for the jacket portion of styles
240062 and 240063 will be 6202.93.5010, HTS, which provides for
other women's anoraks, windbreakers and similar articles of man-
made fibers. The duty rate will be 29.5% ad valorem.
The applicable subheading for the pants portion of styles
240062 and 240063 will be 6204.63.3510, HTS, which provides for
other women's trousers and breeches of synthetic fibers. The duty
rate will be 30.4% ad valorem.
Style 130124 falls within textile category designation 434;
style 150132 falls within textile category designation 334; the
jacket of style 130147 falls within textile category designation
634 and the pants portion falls within textile category
designation 647; the jackets of styles 240062 and 240063 fall
within textile category designation 635 and the pants fall within
textile category designation 648. Based upon international
textile trade agreements products of Thailand, Indonesia and
Malaysia are subject to quota restraints 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. 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
New York Seaport