United States International Trade Commision Rulings And Harmonized Tariff Schedule
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NY 857576


NOV 20 1990

CLA-2-62:S:N:N3I:357 857576

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4005

Mr. Michael Veny
Abe M. Knipper, Inc.
80 Sheridan Boulevard
Inwood, New York 11696

RE: The tariff classification of a woman's raincoat and carrying pouch from Hong Kong

Dear Mr. Veny:

In your letter dated October 25, 1990, on behalf of Kenneth Bernard Ltd., you requested a classification ruling.

The sample submitted is a woman's woven 100 percent nylon fabric raincoat. Imported with the raincoat is an envelope- shaped bag measuring approximately 9 inches long by 11 inches wide. The bag is constructed of the same fabric as the raincoat and has an overlapping flap secured by a "VELCRO"-type fastener. The raincoat and the bag feature a textile label with the logo "Kenneth Barnard".

The raincoat has a full front opening with a six button closure and an overlapping flap covering the button area. There are two front slash pockets below the waist. A detachable self- fabric belt with a metal buckle is held to the raincoat by belt loops. Each sleeve cuff features a self-fabric adjustable buttoned band.

The Customs Service has determined that bags of this type imported and sold with a garment are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the garment.

The applicable subheading for the raincoat and bag will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's raincoats, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The raincoat falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are not presently subject to quota restraints but a visa is required.

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

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