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NY 881960




FEBRUARY 8, 1993

CLA-2-62:S:N:N5:357 881960

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510

Ms. Mary Jo Muoio
Wolf D. Barth Co., Inc.
90 West Street
New York, N.Y. 10006

RE: The tariff classification of a woman's rainsuit from Hong Kong

Dear Ms. Muoio:

In your letter dated January 19, 1993, on behalf of Crystal Brands, you requested a classification ruling.

The sample submitted, style number 13047, is a woman's rainsuit. The rainsuit consists of a jacket and a pair of trousers constructed of a woven rip-stop 100% nylon fabric stated to have a 450mm acrylic coating. The jacket and trousers are cut large to be worn over other clothing.

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

The jacket is a pullover garment with a partial opening at the neck secured by a zipper closure. The lower portion of each sleeve features a contrasting colored fabric insert and a partially elasticized sleeve cuff with a "VELCRO"-type fastener. The waistband has an elasticized drawcord tightening. There are two zippered side seam pockets at the waist and a zippered pouch pocket. The zippered pouch pocket is hidden by an overlay of fabric. Constrasting colored fabric inserts are on the front yoke.

The trousers have an elasticized waistband with an inner drawcord tightening. Below the waist there are two side seam slash openings and a
zippered right rear pocket. The side seam openings can be used for access into the inner garments. Each trouser leg has a contrasting colored fabric insert and an elasticized ankle cuff with a zipper opening.

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 6202.93.4500, which provides for other women'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 6202.93.5011, which provides for other women'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 specified in the HTS, Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6204.63.3000, which provides for other women's 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 specified in the HTS, Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers or breeches, of synthetic fibers. The duty rate will be 30.4 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. 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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