NY 864878: The tariff classification of two men's warmup suits fromMalaysia and Thailand.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                  NY 864878

                                 July 31, 1991


CLA-2-62:S:N:N3:357 864878  

CATEGORY:  Classification

TARIFF NO.: 6201.93.3510; 6203.43.4010  

Ms. Christy Miller
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE:  The tariff classification of two men's warmup suits from
Malaysia and Thailand.

Dear Ms. Miller:

     In your letter dated June 27, 1991, you requested a
classification ruling. Samples were submitted and are being
returned as you requested.  

     The first set, style 130013, Men's Force Warm-Up, made in
Malaysia, consists of a jacket with a full-front opening with a
zip-through collar and pull-on trousers. The shell fabric of each
is woven texturized nylon. Both garments are completely lined
with a knit mesh fabric. The jacket has striped, rib knit cuffs,
waistband and inserts where the sleeves join the body. These knit
inserts are approximately three-and-one-half inches wide. The
remainder of the shell is woven fabric of pieced construction in
contrasting colors. The pants have an elasticized waistband with
an inner drawstring, slant pockets at the waist with contrasting
welting and zippers extending up from the cuffs. Both garments
have an embroidered Nike logo. In addition, the upper back of the
jacket has a large embroidered "Force" logo. 

     The knit inserts on the jacket allow greater freedom of arm
movement than a simple all-woven construction. This is borne out
by the hang tag which indicates that the set is designed for
basketball with designs that allow freedom of movement for
unrestricted play. 

     The second set, style 130029, Men's Air Jordan Warm-Up, made
in Thailand, consists of a jacket and pants of 100% polyester
woven twill shell fabric with a finely knit 6.7 ounce loop fabric
lining. This lining weighs 152 grams per square meter. The jacket
has a full-front opening with a zip-through collar, pockets with
snaps at the waist, elasticized cuffs and waistband, quilting on
the sleeves and vertical rows of concealed braided cording
extending from the top of the pockets over the shoulders and down
the back. The jacket also has an embroidered Nike logo on the
left chest, a twill fabric label approximately eight inches
square sewn to the lining in the upper back and a contrasting
color embroidered Air Jordan logo with a silhouette figure on the
upper back of the shell. The pants are of the same fabric
construction. They have an elasticized waist with a drawstring
but no opening, a fly front, side seam pockets with snaps, a
rear pocket with a covered zipper, concealed vertical braided
cording and vertical zippers at the ankles. The pants also have
an embroidered Nike logo.

     You suggested classification of these garments under the
provisions for track suits in heading 6211, HTS. Our Headquarters
office has recently ruled that classification in this heading is
restricted to goods usually associated with running or jogging
and that substantial linings other than for purposes of breathing
and wicking away moisture from the skin on woven garments do not
qualify as track suits. 

     The applicable subheading for the jackets of the two sets
will be 6201.93.3510, Harmonized Tariff Schedule of the United
States (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 trousers of both sets will
be 6203.43.4010, Harmonized Tariff Schedule of the United States
(HTS), which provides for other men's trousers of synthetic
fibers. The duty rate will be 29.7% ad valorem.

     The jackets fall within textile category designation 634,
while the trousers fall within category 647. Based upon
international textile trade agreements products of Malaysia and
Thailand 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