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NY 882203





FEBRUARY 24, 1993

CLA-2-62:S:N:N5:357 882203

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.23.0050; 6201.93.3000; 6201.93.3511; 6203.23.0060; 6203.43.3500; 6203.43.4010

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

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

Dear Ms. Muoio:

In your letter dated January 28, 1993, on behalf of Crystal Brands Men's Sportswear, you requested a classification ruling.

The sample submitted, style number 23183, is a man's rainsuit ensemble. The ensemble consists of a windbreaker-type jacket and a pair of trousers constructed of a woven solid colored 100% nylon Supplex fabric stated to be coated with 350- 400 mm acrylic rendering the garments water resistant.

The coating on the jacket and trousers 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 closure which extends to the top of the collar. There is an overlapping flap with six snaps that covers the zipper area. The sleeve cuffs are partially elasticized and have an adjustable "VELCRO"-type fastener. An elasticized drawcord fastener with plastic cord stoppers is through the bottom hem. Two front pockets are located at the waist. Across the chest area and across the back panel there is an overlay of fabric featuring a mock snap.

The trousers have a zippered fly front with a snap opening on the waistband. The waistband is elasticized on each side. Below the waist are
two side seam slash openings and a right rear pocket which has a flap with a "VELCRO"-type fastener. The side seam slash openings can be used for access into the inner garments. At the bottom of each trouser leg there is a zipper opening.

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 6203.23.0050, which provides for other men's ensembles of synthetic fibers, other, garments described in heading 6201. The duty rate will be 7.6 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6201.93.3000 as water resistant.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0050, which provides for other men's ensembles of synthetic fibers, other, garments described in heading 6201. The rate of duty will be 29.5 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6201.93.3511.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0060, which provides for men's ensembles of synthetic fibers, other trousers and breeches. The rate of duty will be 7.6 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6203.43.3500 as water resistant trousers or breeches.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.23.0060, which provides for men's ensembles of synthetic fibers, other trousers and breeches. The rate of duty will be 29.7 percent ad valorem. This is the rate of duty that would apply if the garment was entered separately and classified in subheading 6203.43.4010.

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 634. The trousers fall within textile category designation 647. 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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