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NY 880869




DECEMBER 17, 1992

CLA-2-62:S:N:N5:357 880869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510; 6203.43.3500; 6203.43.4010

Mr. James W. Lawless
C.H. Powell Company
One Intercontinental Way
Peabody, Massachusetts 01960

RE: The tariff classification of a man's rainsuit from Taiwan

Dear Mr. Lawless:

In your letter dated November 23, 1992, on behalf of Cyrk International, Inc., you requested a classification ruling.

The sample submitted, style numbers MAT09 and MAT10, is a man's rainsuit. The rainsuit consists of a jacket and a pair of trousers constructed of a woven 100% nylon fabric. The jacket and trousers are stated to be coated with 3000mm polyurethane rendering the garments water resistant.

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

The jacket has a full front opening secured by a heavy-duty zipper. The garment features an integral hood with a drawcord tightening and a drawcord tightening through the bottom hem. The sleeve cuffs are elasticized. Two slanted front pockets are located at the waist. Sewn onto the left sleeve and on the back yoke are textile labels with the logo and trade name "Adventure Team" and "Marlboro".

The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist and a zippered right back pocket. The ankle cuffs are elasticized. Sewn onto the back pocket is a textile label with logo and the trade name "Adventure Team" and "Marlboro".

The jacket and trousers are cut large to fit over other clothing.

Imported with the rainsuit is a carry bag. The carry bag measures approximately 9 inches in length by 9 3/4 inches in width. The carry bag is constructed of the same fabric as the jacket and has a drawcord with a lockcord closure on the open end. A textile label featuring logo and the trade name "Adventure Team" and "Marlboro" is sewn onto the carry bag. A plastic hook is attached to the carry bag by a self-fabric loop.

The Customs Service has determined that bags of this type imported and sold with garments 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 rainsuit.

The samples are being returned to you as you have requested.

If the jacket 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.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers or breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan 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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