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NY 807533



April 1, 1995

CLA-2-62:S:N:N5:357 807533

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040; 6210.50.5040

Ms. Claranne Knittel
Mountain HardWear, Inc.
950-A Gilman Street
Berkeley, California 94710

RE: The tariff classification of two men's and one woman's ski- suits from China and Hong Kong; Gore-Tex; Entrant Coating

Dear Ms. Knittel:

In your letter dated February 21, 1995, you requested a classification ruling.

Three samples were submitted as follows: "Vertigo Suit, Style number 703 is a man's one-piece ski-suit used in backpacking, back country skiing and other alpinist activities. The ski-suit is constructed of two layers consisting of an outershell composed of a woven 70D ripstop nylon fabric laminated to a "Gore-Tex" membrane. The garment is lined with a "Cool Max" polyester mesh fabric with portions of a woven nylon taffeta lining fabric located on the lower legs. The ski-suit has a partial front zipper opening which extends to the top of the collar. An overlapping flap with "VELCRO"-type fasteners covers the zipper area. The garment's integral hood has a drawcord and can be rolled-up and secured by "VELCRO"-type fasteners. The upper portion of the garment has long sleeves with a zipper opening under each arm extending from the mid-sleeve area to just above the waist, two zippered front pockets covered by overlapping fabric, two inner pockets, sleeve cuffs with a "VELCRO"-type fastener tab, inner elasticized suspenders, a zippered pocket on the inner portion of the front placket and an elasticized waistband. The "Mountain Hardwear" trade name and logo is embroidered onto the left sleeve and left leg. The lower
portion of the ski-suit has inner storm cuffs with an elasticized bottom and a snap and "VELCRO"-type fastener. The outer cuff features a tab with a "VELCRO"-type fastener at the bottom and a side seam zipper opening. The side seam zipper extends up the length of one leg, curves over the posterior area and proceeds down the length of the other leg. The zipper area is covered by an overlapping flap secured by "VELCRO"-type fasteners.

Back Country Suit, Style number 708, is a woman's one-piece ski-suit used in telemark skiing, ski touring and randonnee skiing. The ski-suit is constructed of two layers consisting of a woven outershell composed of a cross dyed oxford 150D polyester fabric laminated to a waterproof and breathable "Entrant GII" coating. The garment has a partial "Cool Max" polyester mesh lining on the upper back and sleeves and a woven nylon taffeta fabric lining on the remainder of the garment. The garment features a partial front zipper opening that extends to the top of the collar. There is an overlapping flap with five snaps that covers the zipper area. A roll-up hood with a drawcord can be concealed within the garment's collar by a zipper closure. The garment has two zippered front chest pockets, a zippered pocket on the right front yoke, a zipper opening under each arm, a zippered pocket on the back panel, an elasticized waistband with a self-fabric decorative belt that is held to the garment by belt loops, inner elasticized ankle cuffs, outer ankle cuffs secured by a zipper and three snaps and a partial zipper opening on the back of the garment which extends up from the thigh area, curves over the posterior and proceeds down the other thigh. The sleeve cuffs have adjustable "VELCRO"-type fastener tabs. The left chest area features the "Mountain Hardwear" tradename and logo.

Absolute Zero Suit, Style number 721, is a man's one-piece ski-suit used for expeditionary type activities. The ski-suit is constructed of two layers consisting of a woven 30D nylon fabric outershell laminated to "Gore Dry-Loft". The garment is lined with a woven nylon taffeta fabric and is quilted to a goose down fill. The ski-suit has a partial front opening secured by a zipper closure that extends to the top of the collar. There is a detachable hood which has a drawcord tightening and "VELCRO"-type fastener at the chin. The hood is held to the garment by four snaps. The garment has two large bellow chest pockets with zipper closures, two inner chest pockets, an inner drawcord tightening at the waist, inner elasticized suspenders secured by

"VELCRO"-type fasteners, elasticized sleeve cuffs with "VELCRO"- type fastener tabs and a double-pull side seam zipper that extends up the length of one leg, curves over the posterior and proceeds down the length of the other leg. The left chest pocket features the "Mountain Hardware" tradename.

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

The applicable subheading for style numbers 703 and 721 will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: Overalls and coveralls. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for style number 708 will be 6210.50.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women's or girls' garments: Of man-made fibers: Overalls and coveralls. The duty rate will be 7.6 percent ad valorem.

The ski-suits fall within textile category designation 659. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa. 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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