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NY 859891


FEB 11 1991

CLA-2-62:S:N:N3I:357 859891

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Mr. Lawrence R. Vicini
Blair Corporation
220 Hickory Street
Warren, Pennsylvania 16366-0001

RE: The tariff classification of a man's jacket and "stow bag" from the Philippines

Dear Mr. Vicini:

In your letter dated January 22, 1991, you requested a classification ruling.

The sample submitted, style number 4163, is a man's hip- length jacket. The jacket is constructed of a woven 100% nylon fabric shell which you state has a 450mm waterproof coating. The top portion of the jacket is lined with a 100% nylon mesh fabric. Imported with the jacket is a barrel-shaped bag measuring approximately 9 inches long and 6 inches wide with a circular bottom panel 3 1/2 inches in diameter. The bag is constructed of the same fabric as the jacket and has a drawstring closure on the open end.

The waterproof coating on the jacket does not change the surface character of the garment, therefore HTS 6210 does not apply.

The jacket has a full front opening with a heavy-duty zipper closure which extends to the top of the collar. A roll-up hood with a drawstring is concealed within the jacket's collar by a zipper. The free hanging front and back yoke covers the garment's mesh lining. There are two zippered front pockets at the waist, a drawcord through the bottom hem, and elasticized sleeve cuffs. The inner portion of the collar is composed of a ribbed-knit fabric.

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.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510, which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines are presently 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

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