NY 0866876 - The tariff classification of a unisex rainsuit and carry bag from Taiwan, the People's Repulic of China, Hong Kong, Korea, Indonesia and/or Thailand - United States International Trade Commision Rulings

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NY 866876

September 24, 1991

CLA-2-62:S:N:N3I:357 866876

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1020; 6210.50.1035

Mr. Thomas J. Schmidt
Stearns Manufacturing Company
P.O. Box 1498
St. Cloud, Minnesota 56302

RE: The tariff classification of a unisex rainsuit and carry bag from Taiwan, the People's Repulic of China, Hong Kong, Korea, Indonesia and/or Thailand

Dear Mr. Schmidt:

In your letter dated September 6, 1991, you requested a classification ruling.

The sample submitted is a woven unlined unisex rainsuit consisting of a windbreaker-type jacket and a pair of trousers. The rainsuit is composed of a 70 denier nylon fabric coated on the inner surface with polyurethane.
Examination of the rainsuit reveals that the visible coating applied to both garments changes the surface character of the fabric. Based on this finding classification under HTS 6210 would apply.

The jacket has a full front opening secured by a heavy-duty zipper closure and an overlapping flap with five snaps covering the zipper area. There is a roll-up hood with a drawcord concealed within the garment's collar by a zipper. The sleeve cuffs are elasticized. A free-hanging back yoke covers a partial mesh lining. Two front patch pockets with "VELCRO"-type fastener flaps are located at the waist.

The trousers have an elasticized waistband with a drawcord tightening. Below the waist there is a rear right pocket secured by a flap with a "VELCRO"-type fastener. Each trouser leg has a straight bottom hem with a zipper opening.

Imported with the rainsuit is a barrel shaped carry bag. The carry bag measures approximately 10 inches in length and 9 inches in width. The carry bag is constructed of the same fabric as the rainsuit and has a drawcord with a plastic cord stopper on the open end.

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

If the rainsuit is sold to both males and females and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS subheading covering women's garments.

The applicable subheading for the jacket will be 6210.50.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. Other women's garments of man- made fibers, other, anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the trousers will be 6210.50.1035,
Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. Other women's garments of man-made fibers, other, trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan, the People's Republic of China, Korea and Indonesia are presently subject to quota restraints and the requirement of a visa. Products of Hong Kong and Thailand are not presently subject to quota restraints but a visa is required.

The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan, the People's Republic of China, Korea, Indonesia and Thailand are presently subject to quota restraints and the requirement of a visa. 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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