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NY 877901




SEPTEMBER 29, 1992

CLA-2-62:S:N:N3I:357 877901

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510; 6211.33.0007

Ms. Judy A. Meszaros
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a man's jacket and two men's coveralls from Korea

Dear Ms. Meszaros:

In your letter dated August 5, 1992, you requested a classification ruling.

Three samples were submitted as follows: Style number 80- 36-86 is a man's thigh-length jacket. The jacket is constructed of a woven camouflage designed outershell composed of a 65% polyester/35% cotton fabric stated to have a water resistant coating. The garment is lined with a woven 100% nylon fabric quilted to a non-woven 100% polyester batting.

The jacket has a full front opening secured by a heavy-duty zipper which extends to the top of the collar. A storm flap with seven snaps covers the zipper area. A detachable hood with a drawcord tightening and "VELCRO"-type fastener is held to the jacket by a zipper. The garment has two slanted chest pockets, ribbed knit inner storm cuffs and an inner drawcord tightening at the waist. There are two bellows pockets secured by a flap with a snap closure below the waist.

Style number 80-36-57 is a man's coverall constructed of a bright orange colored outershell fabric composed of a woven 65% polyester/35% cotton fabric stated to have a water resistant coating. Style number 80-36-89 is a man's coverall constructed of a camouflage design outershell fabric composed of a woven 65% polyester/35% cotton fabric stated to have a water resistant coating. Both coveralls have a woven 100% nylon fabric lining quilted to a non-woven 100% polyester batting.

Each coverall has a front opening secured by a heavy-duty double pull zipper. There is a detachable hood with a drawcord tightening and "VELCRO"-type fastener. The hood is held to the coveralls by a zipper. There is a left chest pocket and two front bellows pockets located below the waist. Each pocket is secured by a flap with a snap closure. An inner pocket is secured by a zipper. The garments have inner storm cuffs composed of a ribbed-knit fabric, a self fabric belt with a plastic buckle and "VELCRO"-type fastener and two side seam openings secured by heavy-duty double pull zippers. The side openings extend from the waist to the ankle. Self-fabric overlay patches are located at the elbows and knees.

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

The samples are being returned to you.

If the jacket style number 80-36-86 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (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 duty rate 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 duty rate will be 29.5 percent ad valorem.

The applicable HTS subheading for the coveralls style numbers 80-36-57 and 80-36-89 will be 6211.33.0007, which provides for other garments, men's or boys', of man-made fibers, coveralls, jumpsuits and similar apparel: other, insulated for cold weather protection. The duty rate will be 17 percent ad valorem.

The jacket falls within textile category designation 634. Each coverall falls within textile category designation 659. Based upon international textile trade agreements products of Korea 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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