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NY A83168





JUNE 12, 1996

CLA-2-62:RR:NC:WA:357 A83168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.50.5020; 6210.40.5030; 6210.50.5035; 6201.93.3000; 6201.93.3511

Mr. Robert Ledlow
Walls Industries
1905 North Main
Cleburne, Texas 76031

RE: The tariff classification of a man's jacket and a woman's jacket; a man's pair of trousers and a woman's pair of trousers; a man's woven double jacket set; a man's reversible jacket from Hong Kong and/or China; Gore-Tex Fabric

Dear Mr. Ledlow:

In your letter dated May 13, 1996, you requested a classification ruling.

Five samples were submitted as follows: Style number X32224AC is a man's jacket. Style number X32000AC is a woman's jacket. The man's jacket will be imported in different colors under style numbers X32224RA, X32224RG, X32225DN, X32225GN, X32225OL, X32225RD, X32225RL, X32225TL and X32225WI. The woman's jacket will be imported in different colors under style numbers X32002TL and X32002WI. The man's jacket and the woman's jacket are constructed of an outershell composed of a camouflage design woven 100% nylon "Supplex" fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. Each garment is lined on the upper body with a 100% nylon mesh fabric and on the lower body, hood and sleeves with a woven 100% nylon taffeta fabric.

The man's jacket and the woman's jacket feature an integral hood with a visor and drawcord, a full front opening secured by a zipper, a storm flap with six snaps and sleeve cuffs with "VELCRO"-type fasteners. Each garment has two large front pockets secured by a zipper closure with a fabric overlay. Style number X32224AC has a drawcord tightening at the bottom hem. Style number X32000AC has an inner drawcord tightening at the waist.

Style number X55237AC is a man's pair of trousers. Style number X58000AC is a woman's pair of trousers. The man's pair of trousers will be imported in different colors under style numbers X55232DN, X55232GN, X55232OL, X55232RD, X55232RL, X55232TL, X55232WI, X55237RA and X55237RG. The woman's pair of trousers will be imported in different colors under style numbers X58002TL and X58002WI. The man's trousers and the woman's trousers are constructed of a woven outershell composed of a camouflage design woven 100% nylon "Supplex" fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. Each garment is lined with a woven 100% nylon taffeta fabric. Each trouser has an elasticized waistband with a drawcord fastening. There are six concealed suspender buttons on the inside waist. At the bottom of each trouser leg there is a zipper opening with a gusset and a snap fastener.

Style number X35196AC is a man's two-piece jacket set. The two-piece jacket set will be imported in different colors under style numbers X35196CC, X35196RA, X35196RG and X35202WZ. The two-piece jacket set consists of a thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and snapped together at the wrists so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment.

The outer jacket of style number X35196AC is constructed of an outershell composed of a woven camouflage design 65% polyester/ 35% cotton fabric laminated on the inner surface to a waterproof, breathable "Gore-Tex" membrane. The jacket features a full front opening secured by a zipper closure as well as a secondary zipper for attaching the inner jacket. There is an overlapping flap with six snaps which covers the zipper area. The garment has four pockets secured by flaps with "VELCRO"-type fasteners. Two of the pockets are located on the chest and two of the pockets are double entry front pockets located below the waist. The jacket features a detachable hood held to the garment by a zipper. The hood has a drawcord tightening and a chin guard with a "VELCRO"-type fastener. There is a drawcord tightening at the waist and "VELCRO"-type fasteners on the sleeve cuffs.

The inner jacket of style number X35196AC is a reversible jacket. The jacket is constructed of a camouflage design woven 100% nylon fabric on one side and a solid color woven 100% nylon fabric on the other. The garment has a non-woven batting insulation. In a facsimile submitted to us you state that the nylon shell fabric has a compound substance applied during the finishing process. The compound consists of a fluorocarbon with Dupont Teflon extender, which is considered to be a generic durable water repellant. The jacket has a full front opening secured by a zipper with a reversible zipper pull and a ribbed-knit collar, cuffs and waistband. The garment has two front pockets on the camouflage fabric side and two front pockets on the solid color fabric side.

The samples are being returned to you.

The applicable subheading for the men's jacket style number X32224AC 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 7.5 percent ad valorem.

The applicable subheading for the women's jacket style number X32000AC will be 6210.50.5020, 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 women's or girls' garments: Of man-made fibers: Other, anoraks, windbreakers and similar articles. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the men's pair of trousers style number X55237AC will be 6210.40.5030, 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, Trousers, breeches and shorts. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the women's pair of trousers style number X58000AC will be 6210.50.5035, 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: Other, Trousers, breeches and shorts. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the outer jacket of style number X35196AC 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 7.5 percent ad valorem.

If the inner jacket of style number X35196AC 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 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 7.5 percent ad valorem.

If the inner jacket of style number X35196AC does not pass the water resistance test, then the applicable HTS subheading for the garment 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 29.1 percent ad valorem.

The jackets of style numbers X32224AC and X35196AC fall within textile category designation 634. The jacket of style number X32000AC falls within textile category designation 635. The trousers of style number X55237AC fall within textile category designation 647. The trousers of style number X58000AC fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong and 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 Part 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 W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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