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NY 803236




November 14, 1994

CLA-2-62:S:N:N5:357 803236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

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

RE: The tariff classification of two men's jackets and a man's pair of trousers from Taiwan, China and Thailand

Dear Mr. Schmidt:

In your letter dated October 13, 1994, you requested a classification ruling.

Three samples were submitted as follows: Style numbers 8501 and 8522 are jackets and style number 8545 is a pair of trousers. All three garments are constructed of a shell composed of a woven 100% nylon taffeta fabric stated to be coated with a 1500mm polyurethane which renders the garments water resistant. The trousers are lined with a woven 100% nylon fabric.

The coating on each garment is not separately visible, therefore HTS 6210 does not apply.

Style number 8501 is a pullover jacket that has a partial zipper opening with an inner gusset at the neck. The garment features an integral hood with a drawcord tightening, elasticized sleeve cuffs, a zippered front pouch pocket which is covered by an overlay strip of fabric that has a sewn-on plastic label featuring the "Stearns" tradename, a free-hanging back yoke that covers a mesh lining and a drawcord tightening at the bottom hem.

Style number 8522 has a full front opening secured by a zipper closure. The jacket has a roll-up hood with a drawcord that can be concealed within the garment's collar by a zipper. The garment
features an inner drawcord tightening at the waist, a drawcord tightening at the bottom hem, two double entry front pockets secured by flaps with snap closures, and a free-hanging back yoke which covers a mesh lining. Below the mesh lining there is a zippered pocket.

Style number 8545 has an elasticized waistband with a drawcord tightening. There are two slanted front pockets and a right rear pocket located below the waist. Each pocket is secured by a "VELCRO"-type fastener. At the bottom of each trouser leg there is a zipper opening with an inner gusset.

Although you state the garments can be worn by both men and women, the catalog you submitted does not support the claim that they are unisex. Therefore, the garments' will be classified as men's.

If the jackets of style numbers 8501 and 8522 pass 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 garments 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 jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, 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 of style number 8545 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boy's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.6 percent.

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 and breeches, of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The jackets fall within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan, China and Thailand 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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