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NY 815748




November 22, 1995

CLA-2-62:R:N5:357 815748

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6505.90.8090

Ms. Linda G. Baird
Shelby Group International, Inc.
P.O. Box 171814
Memphis, TN 38187-1814

RE: The tariff classification of a man's jacket and hood from China

Dear Ms. Baird :

In your letter dated October 27, 1995, on behalf of your Industrial Protective Wear Division, you requested a classification ruling.

The sample submitted, Style number 500J, is a man's upper-thigh-length jacket constructed of a woven 100% nylon fabric shell visibly coated on the inner surface with polyurethane. You state that the jacket may or may not be imported with a hood. The style number of the hood is 500H. The hood is also constructed of a woven 100% nylon fabric shell visibly coated on the inner surface with polyurethane.

The jacket has a stand-up collar and a full front opening secured by four snap closures. Surrounding the outer portion of the collar there are four half snaps. The half snaps are used for attaching the hood to the jacket. The jacket has a straight bottom hem and no tighting elements on the sleeve cuffs.

The hood covers the head and neck and has a drawcord tightening around the face. There are four half snaps and elastic surrounding the neck area. The half snaps are used to attach the hood to the jacket.

If the jacket is imported with the hood it is considered a complete article.

The applicable subheading for the jacket will be 6210.40.5020, 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: Other anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the hood if imported separately will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece, whether or not lined or trimmed; Other: Not in part of braid, Other: other. The duty rate will be 21.7c/kg + 7.9 percent.

The jacket with or without a hood falls within textile category designation 634. When imported separately the hood falls 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.

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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist William Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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