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NY 853617


July 19, 1990

CLA-2-62:S:N:N3:357 853617

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5010; 6204.63.3000; 6204.63.3510

Mr. Hugh Walton
DashAmerica, Inc.
2300 Central Ave., Suite G
Boulder, Colorado 80301

RE: The tariff classification of Silmond coated garments from Japan, Macau and Hong Kong

Dear Mr. Walton:

In your letter dated June 15, 1990, you requested a classification ruling. Four samples were submitted along with swatches of coated and uncoated fabric. The garments are indicated to be for unisex wear.

According to information you provided, Silmond (also known as T-817) is a densely woven microfilament polyester fabric which has applied to it a fluoropolymer finish rendering it water resistant.

The question has been raised as to whether the same fabric without the fluoropolymer finish is water resistant, that is, whether the fabric itself is water resistant by construction. Examination of the swatch of uncoated fabric with a cire finish but without the fluoropolymer finish indicates that this fabric would not sufficiently resist the penetration of water to be considered water resistant for purposes of Chapter 62, HTS, U.S. Additional Note 2.

Style 335 is described as a cycling and cross country ski jacket. It is hip-length and has a full-front opening with a zip- through collar, an elasticized drawcord, zippered pockets at the waist, elasticized cuffs and a free-hanging back yoke over a mesh lining. This garment is made in Hong Kong.

Style 465, cycling and cross country ski pant, has long legs with vertical zippers at the cuffs, an elasticized waistband with a drawstring but no waist opening and a zippered rear pocket. This garment is made in Macau.

Style 370, cycling and cross country ski jacket, is composed of knit and woven components, with the knit having no water repellency. It has a partial front opening with a zipper closure, side zipper openings and rear zippered pockets. The sleeves and the center back are knit fabric while the shoulders, the rear yoke and the lower back are woven. The front of the garment is knit but it has a woven zippered overlay, which can be removed at the user's option. This garment is made in Japan.

Style 320, cycling and cross country ski jacket, has a full front opening with a VELCRO-type closure, elasticized waistband and cuffs and knit mesh inserts approximately two inches wide inserted in the side seams. This garment is made in Macau.

Due to the presence of significant quantities of non- plastic-coated fabrics on styles 370 and 320, these items are not considered eligible for classification as water resistant garments.

The applicable subheading for styles 370 and 320 will be 6202.93.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

If style 335 passes the water resistance test specified in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for this garment will be 6202.93.4500, HTS, which provides for other women's or girls' water resistant anoraks (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 7.6% ad valorem.

If it does not pass the water resistance test, style 335 will be classifiable under heading 6202.93.5010, HTS, which provides for other women's anoraks, (including ski jackets), windbreakers and similar articles of man-made fibers. The duty rate will be 29.5% ad valorem.

If style 465 passes the water resistance test, the applicable subheading for this garment will be 6204.63.3000, HTS, which provides for other women's or girls' water resistant trousers or breeches of synthetic fibers. The rate of duty will be 7.6% ad valorem.

If style 465 does not pass the water resistance test, the applicable subheading for this garment will be 6204.63.3510, HTS, which provides for other women's trousers or breeches of synthetic fibers. The rate of duty will be 30.4% ad valorem.

Styles 335, 370 and 320 fall within textile category designation 635; style 465 falls within category designation 648. Based upon international textile trade agreements, products of Macau are presently subject to quota restraints and a visa requirement. Products of Japan and Hong Kong are presently subject to a visa requirement.

The designated textile and apparel category 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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